A worker injured in an electrocution accident may be able to file a work injury lawsuit seeking compensation for his or her losses. The person or entity responsible for causing the accident can be held liable for damages. In such work injury lawsuits, injured victims can seek fair and full compensation for the injuries, damages and losses they have sustained.
If you or a loved one has been injured at work, you will be entitled to workers' compensation benefits through your employer. However, if you have suffered major injuries or have lost a loved one in an electrocution accident, such as a crane electrocution accident or other type of job related electrocution, workers' comp benefits alone will not be sufficient to compensate you for your tremendous losses.
Our experienced electrocution accident lawyers have helped a number of injured workers and their families seek and obtain additional compensation by filing a third-party lawsuit against other individuals and entities whose negligence caused the accident and resulting injuries. Such lawsuits are worth significantly more than a workers' comp claim.
What is an Electrocution Accident Lawsuit Worth?
A worker who has been injured in an electrical accident may be able to file a work injury lawsuit against a party other than the employer. The value or worth of an electrocution accident lawsuit depends on the nature of the accident, its circumstances, the severity of the injuries involved, and the degree of negligence on the part of the defendant.
Here are some of the damages that determine the value or worth of an electrocution accident lawsuit:
- Medical expenses
- Lost income
- Lost future earnings and loss of earning capacity
- Pain and suffering
- Other related expenses and losses
Filing an Electrocution Wrongful Death Lawsuit
If your loved one is killed in an electrical accident, you may be able to recover damages by filing a wrongful death lawsuit. The damages available by filing a wrongful death lawsuit against at-fault parties include medical expenses, funeral costs, lost future income, loss of benefits (pension, retirement, health insurance, etc.) and loss of love, care, companionship and support.
Under California law, eligible family members who can file an electrocution wrongful death lawsuit include a surviving spouse or domestic partner, children, grandchildren, parents, siblings or anyone else who was financially dependent on the deceased victim. In addition to a wrongful death lawsuit, a survival cause of action can also be filed. This type of claim is brought on behalf of the deceased estate to compensate for the losses suffered by the victim from the wrongful act.
Under California law, there are strict time limits for filing a wrongful death lawsuit. Typically, families have two years from the date of their loved one's death to file a wrongful death lawsuit against the at-fault parties. However, if the defendant is a governmental agency or entity, a notice of claim must be filed with the agency within 180 days of the decedent's death.
Employer Responsibility to Prevent Electrocutions
According to the U.S. Occupational Safety and Health Administration (OSHA), electrocution is one of the "fatal four," or one of the four leading causes of construction accident fatalities in the United States. OSHA recommends these important steps in order to prevent electrocutions at the worksite:
- Locate and identify utilities before starting the project.
- Look for overhead power lines while operating any piece of equipment.
- Maintain a safe distance away from power lines.
- Don't operate portable electric tools unless they are grounded or double insulated.
- Use ground-fault circuit interrupters for protection.
- Be careful about live power lines and other electrical hazards while working with ladders, scaffolds or other platforms.
Construction companies, contractors and other parties have the responsibility to make sure that these safety measures are carried out in a worksite. Sadly, when safety rules are not followed, tragic accidents could occur. Construction companies, contractors and other responsible parties can and should be held accountable for such safety violations.
Who Gets Sued in an Electrocution Accident Claim?
There are a number of parties who can potentially be held liable for an electrocution accident including:
General contractors or subcontractors: If the electrocution occurs as the result of negligence on the part of a construction company, general contractor or subcontractor on the project, the victim's family can seek compensation by filing a wrongful death lawsuit against one or more of these parties. Workers must be properly trained to work around high voltage electrical lines. They should receive proper supervision as well. It is often the construction company's responsibility to make sure the workplace is safe and free from live power lines before work commences on a project site.
Property owners: Sometimes, property owners allow power lines and other dangerous conditions to exist. They may cause these hazards because they failed to maintain their property or failed to repair hazardous conditions. If an electrocution accident was caused by the negligence of a property owner, they can be held liable for the injuries, damages or losses caused with a premises liability lawsuit.
Public utility company: In some cases, a public utility company may be held liable for a faulty or defective electricity system on its side of the meter, or under the negligence theory or premises liability theory when it owns the transmission poles and other equipment involved. For example, an electrical company could be held liable for injuries caused by wires that hang over a project or for failing to properly insulate electrical lines. Electrical companies may also be held responsible for failing to insulate live wires near trees.
Product manufacturers: Electrocutions may also occur because of defective or faulty machinery or equipment. In such cases, the manufacturer of a defective product can be held liable with a product liability lawsuit.
Get Help From Experienced Electrocution Lawyers
If you or a loved one has been injured in an electrical accident of if you have lost a loved one in an electrocution accident, it is imperative that you speak with an electrocution injury lawyer to discuss your potential personal injury lawsuit. The knowledgeable and resourceful electrocution accident lawyers at Greenberg And Ruby Injury Attorneys, APC know what it takes to fight for your rights and help you secure maximum compensation for your losses. Call us at (323) 782-0535 to obtain more information about pursuing your legal rights.