When electrical injuries strike on construction sites, victims often face more than just physical trauma. Identifying liability can be confusing, especially when multiple parties are involved. A construction accident lawyer in NYC can help you understand your rights and potential compensation options.
In this guide, Ross & Hill will explain liability in electrocution accidents. If you need a construction injury lawyer in NYC, call our team today.
Understanding Construction Electrocution Liability
Construction had more fatalities (1,075) than any other industry sector in 2023. In this high-risk environment, several entities may share responsibility for workplace electrocution accidents. Construction site safety laws require all parties involved in construction projects to maintain safe working conditions and protect workers from electrical hazards.
The following safety failures may contribute to an electrocution injury:
- Failure to implement lockout or tagout procedures: Equipment must be properly disconnected from power sources during maintenance.
- Inadequate safety training: Workers need proper education about electrical hazards and protective measures.
- Defective or poorly maintained equipment: Regular inspections and repairs are mandatory.
- Lack of proper grounding and circuit protection: These safety measures prevent dangerous surges.
- Insufficient hazard identification: Warning signs and barriers must mark electrical dangers.
Primary Parties Who Can Be Held Responsible
Electrical fatalities represent a significant workplace hazard, with 1,940 electrical deaths occurring out of 70,692 total workplace fatalities between 2011 and 2023. Understanding who bears responsibility for jobsite electrocution accidents helps injured workers pursue their available avenues for compensation. Identifying each responsible entity may require a thorough investigation from a construction accident lawyer in NYC.
General Contractors and Project Managers
General contractors often bear primary responsibility for overall site safety, including electrical hazard management. They must ensure that all electrical work meets safety standards, provide adequate training to workers, and implement proper safety protocols throughout the construction project.
Contractors are responsible for coordinating safety measures among all subcontractors, maintaining site-wide electrical safety standards, and ensuring compliance with OSHA safety laws. When general contractors fail to supervise electrical work properly or ignore safety violations, they can be held liable for resulting electrocution injuries.
Electrical Subcontractors and Specialists
Electrical subcontractors who perform wiring, equipment installations, or electrical system maintenance bear direct responsibility for their work quality and safety. If faulty electrical work, improper installations, or inadequate safety measures cause electrocution accidents, these professionals can face significant liability.
Their responsibilities include proper wire installations, adequate grounding systems, appropriate circuit protection, and ensuring that all work meets building codes and safety standards. These subcontractors must also provide proper training to their workers and maintain all electrical equipment in a safe working condition.
Property Owners and Developers
Property owners and developers can be held responsible for electrocution accidents when they fail to disclose known electrical hazards, maintain unsafe conditions on their property, or interfere with safety protocols. Their liability often extends to ensuring that all contractors follow proper safety procedures and that the property itself doesn’t present electrical dangers.
In Manhattan’s dense construction environment and Brooklyn’s industrial areas, property owners must work closely with contractors to identify and address electrical hazards that may exist from previous construction or utility work.
Manufacturers
Manufacturers of electrical equipment, tools, and safety devices can face liability when defective products cause electrocution accidents. This includes faulty power tools, defective safety appliances, inadequate insulation, or design flaws that create hazards.
Product liability claims can proceed under strict liability theories, meaning injured workers don’t need to prove negligence if they can demonstrate that defective equipment directly caused their electrocution injury. These cases often involve technical analyses of equipment failures and manufacturing defects.
Utility companies may also bear responsibility when their equipment, power lines, or electrical systems contribute to construction site electrocution accidents. This includes situations where overhead power lines aren’t properly marked, underground utilities aren’t accurately located, or utility equipment malfunctions.
Proving Responsibility in Electrical Hazard Liability Cases
Establishing legal accountability for construction accidents requires demonstrating that the responsible parties breached their duty to provide safe working conditions. This involves proving that reasonable safety measures could have prevented your electrocution injury and that specific parties’ failures directly caused your accident. Please note that these elements are not necessary for workers’ compensation claims, but may be required if filing a lawsuit against a negligent party that is not an employer.
Demonstrating Knowledge of Electrical Hazards
A construction accident lawyer in NYC can show that the responsible parties knew or should have known about the electrical hazards present at the job site. Evidence might include previous accident reports, safety inspection records, worker complaints about dangerous conditions, or industry standards that clearly outline required safety procedures.
Documentation of prior electrical incidents at the same location strengthens your case significantly. If workers previously reported exposed wiring, faulty equipment, or inadequate grounding, this establishes that responsible parties had actual knowledge of dangerous conditions but failed to address them properly.
Establishing Safety Standard Violations
The legal standard for electrical hazard liability often involves comparing the responsible parties’ actions to what reasonable construction companies would do under similar circumstances. If industry standards require specific safety equipment, training protocols, or hazard identification procedures, failure to meet these standards can strengthen your negligence claim.
Witnesses from the construction safety field can testify about procedures, required personal protective equipment, and standard practices. Their testimonies can help establish what responsible parties should have done to prevent your electrocution injury.
Proving Direct Causation Between Violations and Injuries
Causation represents another critical element in proving responsibility. A construction accident lawyer in NYC can establish a clear link between safety violations and your specific injuries. This might involve showing that proper lockout/tagout procedures would have prevented contact with live wires or that adequate training would have helped you recognize and avoid electrical danger.
Medical professionals play a crucial role in establishing causation by explaining how the electrical current caused your specific injuries. They can testify about the path electricity took through your body, voltage levels involved, and how proper safety measures would have prevented or minimized your injuries.
Do You Need a New York Construction Accident Attorney?
Over 50 fatal electrical injuries and 300 non-fatal injuries have occurred annually in the construction industry since 2011. When employers and other responsible parties try to avoid responsibility for electrocution injuries, you may benefit from legal representation.
Next, learn about other common causes of construction accidents. If you’ve suffered injuries from an electrocution on a construction site, contact Ross & Hill at (646) 351-6222 to discuss your case with an experienced construction accident lawyer in NYC.
FAQs About Construction Accidents and Electrical Hazard Liability
Find answers to more questions below:
What Should You Do Immediately After a Construction Site Electrocution Accident?
Seek immediate medical attention, even if your injuries seem minor. Report the accident to your supervisor and document the scene with photographs if possible. Avoid signing any documents from your employer or their insurance company until you consult an attorney.
How Long Do You Have To File a Claim After an Electrical Injury at Work?
New York generally allows three years from the date of injury to file a personal injury lawsuit against third parties. However, workers’ compensation claims have different deadlines, and some cases involve shorter time limits. Contact a construction accident lawyer in NYC as soon as possible.
Can You Sue Your Employer Directly for an Electrocution Accident?
Workers’ compensation typically prevents you from suing your employer directly, but you may be able to pursue claims against third parties like subcontractors, property owners, or equipment manufacturers. Your attorney can identify all potentially liable parties to help you explore every avenue for compensation.
