Electricians face a serious risk of workplace accidents. When hazardous energy isn’t properly isolated during equipment maintenance, a lockout/tagout (LOTO) failure can result in devastating harm. Common injuries may include serious burns and nerve damage, and workers may experience financial loss, including lost wages and time off work. Unfortunately, many workers don’t know their rights in these difficult situations.
A New York City construction accident lawyer at Chopra & Nocerino can help electricians and their surviving loved ones to take legal action if they’re electrocuted or otherwise injured by a LOTO failure. At our firm, we fight for you. We are real New Yorkers ready to aggressively pursue your case. We’ll also help you determine if you’re limited to going through workers’ comp or can pursue a third-party claim.
Contact us online or via phone at (855) NYC-HURT to schedule a free case evaluation and learn more.
KEY TAKEAWAYS
- LOTO stands for Lockout/Tagout, which is an important safety task.
- When LOTO failures occur, electricians or other workers could face serious injuries and may be entitled to benefits or compensation.
- Workers could pursue a workers' compensation claim or a third-party personal injury lawsuit.
Common LOTO Failures That Cause Electrocution Injuries on NY Job Sites
The Occupational Safety and Health Administration (OSHA) explains that common electrical incidents can harm workers. Lockout/tagout failures are among the most common issues. Lockout/tagout failure creates a serious risk of electrocution in New York workplaces because it can cause a worker to come into contact with live electricity.
Below are some of the different ways this could occur:
No Lockout at All: Circuits Assumed to Be De-Energized
One of the most common LOTO failures that causes electricians’ injuries in NY occurs when a worker is told, or assumes, that a circuit is dead. In this case, no lock is applied, and then someone re-energizes the line while work is being performed.
There are OSHA policies in place to avoid this. Under OSHA rules, controls and disconnects must typically be rendered inoperative and tagged. Disabling and tagging just one isn’t enough.
Failure to Verify Zero-Energy State
Even with a lock in place, a qualified worker should test the circuit with a meter before coming into contact with it. Skipping this verification step is a common cause of fatal electrical shocks.
No Written Energy-Control Procedure or Untrained Workers
OSHA requires a written, equipment-specific energy-control procedure and trained “authorized employees” to perform LOTO. A site with no written procedure, no training records, or an untrained worker performing LOTO is a strong signal of negligence.
Premature Restart or Group Lockout Breakdown
In some cases, another worker, supervisor, or shift-change crew member removes a lock or re-energizes equipment while the original worker is still on the line. This can lead to electrocution when the hazardous energy comes into contact with the person performing the work.
New York Labor Laws: Holding Owners and Contractors Accountable
New York has some of the strongest protections for construction workers in the United States. As a result, a LOTO failure often opens the door to compensation claims. Here are some of the key laws that apply.
Labor Law § 241: When LOTO Failures Become Industrial Code Violations
Labor Law § 241 allows injured construction workers to recover compensation if a violation of a specific Industrial Code provision—such as 12 NYCRR § 23-1.13 governing electrical hazards—contributes to an electrocution or shock injury. Unlike a negligence claim, the worker generally does not need to prove the owner had prior notice of the hazard if a qualifying code violation occurred.
Labor Law § 240: When a Shock Causes a Fall
Labor Law § 240 may apply when an electrical shock causes a worker to fall from a ladder, scaffold, lift, or other elevated surface. The law imposes strict liability on property owners and general contractors when inadequate safety devices contribute to a gravity-related injury.
Labor Law § 200: General Workplace Safety and Supervisory Control
Labor Law § 200 allows for a negligence-based claim if there is proof that the owner, contractor, or other responsible party who had supervisory control over the work knew (or should have known) about a dangerous condition. This law may apply when unsafe electrical conditions, defective equipment, or inadequate safety practices lead to a worker’s injury.
Third-Party Liability vs. Workers’ Compensation
After an electrocution at a construction site in New York, it is important to determine if you want to make a workers’ compensation claim, if you want to go through the personal injury claim process, or if you want to do both. It’s your right to pursue both types of claims when the injury was work-related and a third party is also to blame.
Workers’ compensation claims allow you to recover compensation regardless of employer negligence, but you are only eligible to collect payment for medical bills and partial lost wages, as well as limited disability benefits.
If you can make a successful third-party claim against a non-employer within the New York personal injury statute of limitations, you can recover full damages, including for pain and suffering. You need to prove third-party negligence, though.
New York has a pure comparative negligence rule, so even if you bear some or most of the fault, you can still recover partial compensation from a defendant who shares the blame. If you were 80% at fault, for example, you could collect 20% of your damages.
Compensation Available After LOTO-Related Electrocution Injury
If you pursue a personal injury claim, you can recover compensation for both economic and non-economic damages.
Economic damages include payment of medical bills, future care for burns, nerve damage, or other injuries, lost wages, lost earning capacity, and rehabilitation. Non-economic damages include pain and suffering, scarring or disfigurement, PTSD, and loss of enjoyment of life, among other mental and emotional losses.
If a LOTO failure is fatal, a New York wrongful death lawyer can help you recover compensation for the monetary losses resulting from the death of a loved one. Our team has won many large verdicts and settlements in personal injury claims, and we are here for you in these complex and difficult cases.
Steps to Protect Your Electrocution Claim
It is important to take steps to protect your electrocution claim so you can get the money you deserve. Here’s what you should do in the aftermath of an accident.
- Get emergency medical care immediately, even if injuries seem minor: Your doctor can document your injuries and provide treatment.
- Report the incident to your supervisor in writing and keep a copy: A written report is crucial for making a claim.
- Preserve the equipment, tools, cords, or PPE involved: This can help you to prove fault and demonstrate any labor law violations.
- Photograph the disconnect, panel, locks, tags, and any written energy-control procedure on site before it is removed or altered, and identify witnesses: This evidence will help you show whether safety protocols were followed.
- Identify the authorized employee who was tasked to perform LOTO: These employees can serve as witnesses for your claim.
- Avoid giving recorded statements to insurance carriers without legal advice: Insurers often try to get you to make statements that damage your claim, which you’ll want to avoid by limiting the statements you make.
- Contact a New York construction injury attorney early: Your attorney will help you avoid missing deadlines or otherwise jeopardizing your case.
Talk to Chopra & Nocerino About Your Electrocution Claim
Chopra & Nocerino can help when you need a personal injury lawyer after an electrical accident at work. Call us at (855) NYC-HURT or contact us online to schedule your free case consultation.
