According to the Electrical Safety Foundation, there were 2,220 non-fatal electrical injuries resulting in lost work days in the United States in 2020. Twenty-eight percent of these injuries were electrical burns. Electrical burn injuries can cause serious physical injury, lost work, and lost economic productivity.
An injured worker may claim benefits through workers’ compensation. In addition, burn injury liability claims in NC may be based on gross negligence in cases where the employer willfully disregarded safety regulations and put the worker in harm’s way. An injured person may have a third-party claim for compensation.
What electrical burn liability is there in NC?
- For injured workers, electrical burn liability in NC may go through the workers’ compensation system.
- There are circumstances where a claim may fall outside the workers’ compensation system because of gross negligence or intentional harm on the part of the employer.
- In addition, a third party may be liable through a personal injury claim if they are responsible for the injury because of negligence.
- To evaluate electrical burn liability in NC, you must investigate what parties are responsible. In addition, the relationship between those involved (employer-employee) may impact how to pursue the case.
- Compensation depends on the type of case.
- You may have an attorney represent your interests.
At Horton & Mendez Injury Attorneys, we handle electrical burn injury claims in North Carolina.
Contact us to talk about your case. We are taking new cases now.
Common Causes of Electrical Burns
Electrical burns can be caused by:
- Live power lines
- No ground-fault protection (unintended electric flow from a source to grounded surface)
- Path to ground missing or broken (causing current to travel through the body)
- Equipment used improperly
- Extension cords
Electrical burns can occur in many industries. However, they are most common in:
- Construction
- Transportation
- Utilities, power line installation, and repairs
- Natural resources, mining, fishing, forestry
- Manufacturing
- Electrical
- Roofing
- Painting
- Carpenters
- Tree trimming
- Professional and business services
Electrical safety should include employer evaluation of potential risks and hazards. Regular inspections should remove cords and wiring when they show signs of wear and tear, including exposed wiring.
Workers must be properly trained to identify potential electrical hazards. There should be a culture of safety in the workplace, including disciplinary measures for workers who do not follow safe practices. Workers should be encouraged to report problems, and leadership should be responsive to making changes when dangers are present.
Lockout/tagout
People who work with equipment should be familiar with the lockout/tagout method for controlling potential electrical hazards. Faulty equipment and machinery should be tagged out of service, warning others that they should not use the equipment. Then, equipment should be isolated through lockout procedures when performing maintenance. Lockout procedures prevent others from activating equipment during maintenance.
How does electrical burn injury occur?
Electrical burn injury may occur because of:
- Electrical current traveling through the body
- Arc flash, explosion, or discharge
- Fire on clothes or objects nearby
Legal Requirements and Safety Standards in North Carolina
North Carolina Department of Labor workplace safety standards include measures for electrical safety. These standards apply in general industry, construction, and maritime activity. Regulated topics include:
- Wiring design, wiring protection
- Equipment for general use, wiring, and components
- Specific purpose equipment
- Maintenance
- Environmental deterioration
- Batteries
- Training
- Records
- Work practices
- Other regulations
There are general regulations and explanations for applicability.
Electrical equipment must be free of hazards that are likely to cause employee death or serious physical harm. Equipment use must be evaluated for compliance with safety regulations.
Additional considerations include:
- Whether equipment will be used for its stated purpose
- Mechanical strength, durability
- If protections are adequate
- Wire bending, connection space
- Space around equipment use, clear workspace
- Insulation
- Effects of heating during use
- Arcing, enclosing arcing parts, sparks, and flames
- Capacity, size, voltage, and how equipment will be used
- Necessary airflow
- Securing equipment to the surface, it is on
- Other safeguarding factors
There are marking requirements for electrical equipment use, explaining voltage, current, wattage, and other specifications. The means of disconnecting a motor or appliance must also be marked. Markers should be durable enough to withstand the working environment.
Worker training
An important part of electrical safety standards in North Carolina is employee training. Anyone who is at-risk of electrical shock that is not reduced below established levels must comply with safety requirements. Required training should be specific and appropriate for job assignments.
How To Prove Liability in Electrical Burn Cases
Proving liability in an electrical burn case requires an investigation into what occurred. The party responsible for the operation of the electrical equipment may be to blame. Those responsible for installing or maintaining the equipment may also be at fault. There may be another party responsible for managing the space around the equipment.
To prove liability, investigate the factors that may have been involved in the crash. There may be significant work to do in discovery, investigating work records, maintenance logs, and other records of activity. Witnesses may provide their observations.
Who is responsible and their degree of responsibility, may determine the type of case that the injured person may bring for compensation. Establishing negligence or more serious misconduct is required for third-party claims. An experienced attorney can help you investigate and build the evidence.
Compensation for Electrical Burn Victims
To receive compensation, an electrical burn victim must bring a case. Through workers’ compensation, a person may receive medical care, replacement income, and disability benefits.
In a third-party claim, a person may be compensated for the cost of medical care. They may also seek compensation for pain and, suffering, and emotional anguish.
A person may qualify to bring both types of claims, but there are important things to understand about joining multiple types of cases. An attorney can help you evaluate your options and pursue your compensation.
Contact an Experienced Jacksonville Personal Injury Lawyer Today
Do you have questions about electrical burn liability in NC? Are you ready to get your compensation? We invite you to contact an experienced Jacksonville personal injury lawyer.
Contact Horton & Mendez Injury Attorneys. Talk about your case, get answers to your questions, and get legal help now.
