Managing Partner
Construction sites are filled with potential hazards, one of which is electrocution. If you were electrocuted on the job, understanding how your accident occurred could prove vital to making the case for the workers’ compensation and personal injury award you deserve.
So, too, is retaining experienced legal representation that puts your best interests first. The Long Island construction accident lawyers of Dell & Dean PLLC are here to explain your rights and guide you in the process of winning compensation for your injuries.
Why Electrocution Accidents Happen in Construction
According to the Occupational Safety and Health Administration (OSHA), there are five major causes of electrocution that are common to construction sites. They are:
- Contacting power lines: Working near live power lines is extremely dangerous. A worker’s hands or body can come into direct contact with the lines, or it can happen indirectly by way of a ladder, scaffolding, or other item. Injuries typically include severe burns and pain.
- The absence of ground-fault protection: Ground-fault protection shuts off an electric circuit where there is an imbalance between the incoming and outgoing currents. Without this protection, for example in wet conditions or when using equipment that lacks insulation, there is a risk of electrocution.
- The path to ground is missing or discontinuous: Having a ground path is critical to safety. It allows a safe path for electric currents to flow from a circuit and into the ground. Interruptions come from loose connections, improperly connected wires, and missing grounding pins.
- Misuse of extension cords: Extension cords are found on nearly every construction site in Long Island, but workers should not misuse them by plugging too many devices into one cord (overloading), using a cord with missing insulation, or using one with exposed wires.
- Problems with equipment: The misuse of electrical equipment and machinery can be deadly. Some pieces of equipment have frayed wiring and other problems that increase the likelihood of electrocution.
Filing a Claim After an Electrocution
After suffering an electrocution accident on a Long Island construction job site, you may have one or both of the following options for recovering compensation:
Workers’ compensation
Workers’ comp covers such losses as medical bills and missed income, among others. But you need to make sure you follow the proper steps and don’t miss any deadlines. We suggest that you do the following:
- Report the injury in writing: You must report your construction site injury within 30 days to your employer. Do so within writing and note the date, time, location, and details of the electrocution and your injuries.
- Save any relevant evidence: If you take photos or record videos of the accident site, or you have any statements from witnesses who observed what happened, keep this just in case you need it later.
- Obtain treatment from an authorized provider: This means a healthcare provider that the New York State Workers’ Compensation Board has authorized. Make sure your doctor knows the injury occurred at work and share all relevant details about it.
- File your workers’ comp claim: You have up to two years to file a Form C-3, the employee claim form, with the workers’ comp board. But you should do so much sooner than this date. Consult an attorney for assistance.
- Wait for the next steps: What happens next will depend on what your employer’s workers’ compensation insurer does. If it denies your claim or refuses to pay what you are entitled to under the law, you should speak with a lawyer.
Third-party compensation
Depending on the facts of your case, you may also have a claim against third parties such as contractors, the Long Island property owner, or the manufacturer of the equipment that caused the electrocution. Unlike workers’ comp, these claims are based on negligence.
That means you will need to take different steps, including:
- Documenting the accident: Take pictures and record videos of the electrocution scene and of your injuries. Find out everything you can about how the accident happened.
- Collecting copies of reports: If you filed a workers’ comp claim and/or reported the accident to your employer, get a copy of the accident report.
- Gathering witness information: If there were any eyewitnesses to the electrocution, get their names and contact information.
- Seeking medical attention: Make sure you do this in line with your workers’ comp claim, meaning that you seek care from an authorized provider.
- Consulting an attorney: A skilled Long Island construction site accident attorney can explain the next steps, including seeking a settlement from the at-fault third party.
Here to Help With Your Electrocution Claim
Having legal representation will make a difference in the nature and amount of compensation you receive for your electrocution injuries. If you or a loved one suffered a construction site injury, connect today with Dell & Dean PLLC.
