There may be a lawsuit for a lineman electrocuted or who suffers an electric shock. The lineman or his or her family may have a claim for Workers’ Compensation benefits against his or her employer. Additionally, liable third parties could be sued for pain and suffering compensation and wrongful death.
Lineman electrocuted versus lineman who suffers electric shock
Tragically, when a lineman has been electrocuted, the result is that he or she will have lost his or her life. However, if the powerline worker who has suffered an electric shock injury – as severe, disabling and life-altering as it may be – will not have suffered a fatal injury.
For a powerline worker killed by electricity, any claim for Workers’ Compensation benefits or wrongful death damages will be made by his or her family or a personal representative of his or her estate.
For a powerline worker who has suffered an electric shock and lived, then he or she could will bring claims in his or her own personal capacity.
Worker’s Compensation benefits
Workers’ Compensation death benefits for a lineman electrocuted will be paid by the lineman’s employer to the lineman’s dependents and family. These benefits will generally cover the lineman’s lost wages – which his or her dependents would have relied on for support – and funeral expenses.
If the powerline worker suffers a non-fatal injury caused by electricity, then he or she will have a case against his or her employer for Worker’s Compensation benefits to cover medical bills and lost wages.
Wrongful death lawsuit
The “exclusive remedy” provisions of most states’ Worker’s Comp laws prevent a lineman’s family from suing the lineman’s employer for wrongful death. However, a wrongful death case can generally be brought against third parties who are not the employer or co-worker.
“Exclusive remedy” provisions are rules in most states’ Worker’s Compensation laws that limit an injured employee’s ability to sue their employers for injuries they suffer on the job, i.e., personal injuries that arise out of and in the course of their employment.
Pain and suffering compensation
When a powerline worker that suffers serious but not fatal injuries, he or she can generally sue responsible third-parties – other than an employer or co-worker – for pain and suffering compensation. Such third-party liability is typically an exception to most state’s laws that Workers’ Compensation is an injured employee’s “exclusive remedy.”
What third parties could be liable for a lineman electrocuted?
The third parties other than an employer or a co-worker who could potentially have liability and be sued for a lineman electrocuted include:
- Companies and/or contractors and/or subcontractors who were involved in the inspection, maintenance and repair of utility power lines, utility poles, utility pole tops and utility pole top facilities (such as devices, hardware, attachments, braces, insulators, pins, insulator ties, crossarms and transformers)
- The company that manufactured, sold or distributed the power line or power lines that involved in the electrocution or electric shock injury
- The company that designed or manufactured a defective component on a utility line, pole or structure
Need help from an experienced electrocution lawyer?
If you or someone you love is a victim of serious personal injury or death caused by electricity, you can call and speak with Jeff Feldman, perhaps the nation’s most experienced electrocution attorney. Jeff has litigated cases involving low hanging power lines and against utility companies in states throughout the country. You can call toll free at (800) 548-0043 for a free consultation.