Construction Accidents Involving Electrocution
The Bronx construction accident lawyers at the Jesse Minc Law Group represent people injured on job sites throughout New York City and the surrounding counties. Among the most serious risks that construction workers face on construction job sites is the risk of being electrocuted, which can have a serious and lasting impact on their personal life and their ability to find future employment. Despite key legal protections having long since been established to guard against serious worker injury from electrocution, serious injuries such as electrical burns, organ damage, brain damage, and even death from electrocution do still occur on job sites throughout the New York City area.
Our team of experienced personal injury attorneys understand these serious risks, know the laws and rules that protect workers injured on the job, and can help you and your family obtain the full compensation and insurance benefits that is available under the law if tragedy strikes on a construction site. Our attorneys are available around the clock for clients and provide counsel in both English and Spanish so that our clients feel comfortable in knowing that they are being properly understood by their construction accident attorneys. We offer free consultations and are happy to do an initial investigation of a construction accident involving electrocution with no financial obligation to you whatsoever.
Electrocutions on construction sites can be caused by a number of different factors. Improperly grounded power lines, faulty insulation, defective construction tools and machinery, damaged power cords and the presence of shoddy wiring work are among some of the most common causes of electrical injuries on construction sites. Construction businesses (developers, general contractors and owners of construction sites) are legally required to take certain safety precautions and provide certain safety equipment to protect construction workers exposed to electrical hazards, such as training workers on how to work with electrified equipment, using appropriate guarding and safety devices, and properly isolating and grounding electrical components to ensure against the risk of electrocution. Even those safety precautions cannot completely remove the risk of electrocution, and unfortunately they are not always taken by those in charge on a job site. When electrocutions do happen, they can cause serious injuries, such as burns, head injuries from falls, brain and organ damage, and even death.Compensation for Construction Accidents Through a Personal Injury or Labor Law Claim
Generally, workers injured by electrocution on a construction site are protected by two key statutes: Labor Law Section 241(6) and Labor Law Section 200. Under Labor Law 241(6), the owner and general contractor on the job site must adhere to Rules 23-1.10, 23-1.12 and 23-1.13, among other key rules, to protect workers from risks of electrocution posed by power-operated construction equipment and other electrified things on construction job sites. Section 241(6) obligates the owner and its agents (e.g., construction managers and general contractors) to provide the proper safety procedures and equipment, and can be held responsible to pay full compensation for any and all injuries suffered by a worker due to a failure to properly guard against electrical hazards if a safety violation results in an electrical injury. Labor Law 200 can also be used to hold these key persons responsible to pay compensation if injuries are caused by exposure to electrical hazards that were known to exist but which were not properly guarded against.
If you or a loved one has been injured in a construction accident involving electrocution in the Bronx or elsewhere in NYC, you have the right to seek compensation from those responsible. These parties include the owner of the job site on which the accident happened, as well as the “statutory agents” of the owner including construction managers and general contractors. In some cases, subcontractors may also be responsible to pay compensation to an injured worker if they made some substantial contribution to the conditions that caused a serious construction injury. The injured worker’s employer, though it cannot be sued directly by the injured worker under the workers’ compensation law’s “exclusive remedy” rule, has to provide the injured worker with workers’ compensation benefits; and may be responsible to contribute to a settlement if the worker suffers a “grave injury” as defined by law. The money damages typically available in personal injury cases include compensation for medical bills, property damage, missed wages, and any reduction in your future earning capacity. In many cases, additional compensation is also available for pain, suffering, and other more subjective, less tangible forms of harm and loss.
New York law specifically requires construction companies to keep their job sites in a reasonably safe condition and to warn workers of any hazards of which the company knows or should reasonably be expected to know. The Labor Law also obligates builders to provide specific safety equipment – ladders, scaffolding, ropes, hoists, stays, etc. – to construction workers doing their jobs at elevation. Other safety equipment must be provided for workers doing inherently dangerous tasks, like excavation and demolition. To establish liability under the Labor Law, you would need to show that you were hurt on the job because the company failed to provide the required safety equipment or take other required measures to make the site reasonably safe.Workers’ Compensation
Workers’ compensation benefits may also be available for a person electrocuted on a construction site. State law requires most employers to carry workers’ compensation insurance. These plans make cash benefits available in the event that a worker is injured or contracts an illness on the job. They include all related medical bills and compensation for at least a portion of your missed wages.
To get workers’ compensation benefits, you need to alert your employer to the injury within 30 days of when it happens. Then, you need to file a benefits claim with the New York State Workers’ Compensation Board within two years of the accident. You also need to prove that you were injured in a way that “arose out of your job.” For example, a construction worker who is electrocuted while working is likely to be eligible for benefits.Speak with a Construction Injury Attorney in the Bronx About Your Potential Case
At the Jesse Minc Law Group, we understand the subtle legal issues that often come up in construction accidents involving electrocution. Our Bronx lawyers have been successful in getting compensation for our clients in court or at the negotiating table in more than 95 percent of our cases to date. We also offer clients direct access to our lawyers and serve victims throughout Greater New York City, including in Manhattan, the Bronx, Brooklyn, Queens, and Nassau, Suffolk, and Westchester Counties. We handle our cases on a contingency fee basis, so you do not pay us unless we are successful. Call us at (718) 354-8000 or contact us online to start discussing your case. Se habla español.