Electrical Injury Workers’ Comp Claims: What You Need To Know

Types of injuries

Electrocution injuries resulting in Workers’ Comp claims include:

• Severe burns
• Brain damage
• Heart damage
• Arrhythmia
• Electrical trauma
• Significant nerve damage
• Organ damage
• Eye damage
• Serious muscle contractions (often leading to fatal falls)
• Post electric shock syndrome
• Death

The four most common causes of electrical injuries leading to Workers’ Comp claims are:

• Electrocution – An electrocution happens when a worker is exposed to a high-voltage electricity source, causing a significant electrical current to run through his or her body, resulting in a serious injury or death.
• Electric shock – An electric shock happens when a worker is exposed to an electricity source, causing an electrical current to run through a portion of his or her body, resulting in an injury, but not a fatality.
• Arc flash – An arc flash happens when an electrical discharge causes a burst of intense heat and light, often resulting in flash burns, thermal burns, damage to the eyes and ears, and other serious injuries, including death.
• Falls – Electrocutions, electric shocks, and arc flashes often cause workers to suffer violent muscle contractions or immediate loss of consciousness, resulting in serious and sometimes deadly falls.

How to file a workers’ comp claim for an electrical injury

To file a workers’ comp claim for an electrical injury you must notify your employer of your injury within 90 days of the accident, and make a claim for medical expenses and lost wages within 2 years. (MCL 418.381(1)) Your notice can be oral or in writing. However, it is preferable to make your claim via an incident report. You can also file your claim by telling your employer you need benefits, which is also best done in writing. 

Your employer should report any workplace injury to its insurance carrier. If your disability is expected to stretch beyond 7 consecutive days, the employer/insurance carrier must file the “Employer’s Basic Report of Injury” with the Workers’ Disability Compensation Agency.

Failure to file a claim for compensation before the expiration of the 2-year statute of limitations invalidates your claim, meaning you lose your right to claim and recover Workers’ Comp benefits.

What benefits are available?

If you are injured at work, you are entitled to the following under the WDCA:

• Medical bills – Medical bills are generally covered at 100% with no co-pays or deductibles. This includes ambulance runs, emergency room visits, testing, hospital stays, surgery, doctor appointments, medication, and physical therapy. (MCL 418.315(1))
• Lost wages –Lost wages (for employee who are unable to return to work) are paid weekly via checks equal to 80% of after-tax average weekly pay. This is calculated using the highest 39 paid weeks out of the 52 weeks prior to the accident. (MCL 418.301(1)) Your employer should also factor in overtime, discontinued fringe benefits, and even second jobs. 

What factors can affect a claim?

The most important factors that will impact your electrical injury workers’ comp claim are the severity of your injuries and your expected medical expenses and lost wages. More significant injuries, such as electrical burns or brain damage, typically lead to higher compensation due to the potential for long-term or permanent disability. The cost of medical treatment, including surgeries, hospital stays, and ongoing care, is also a significant factor. And whether the injury causes you to miss work temporarily or permanently, is also important. Proper documentation of your injuries, treatments, and wage loss is essential when determining your claim.

Do I have to take the benefits or can I settle for a lump sum of cash?

You can settle your case for a lump sum amount as long as 6 months have elapsed since the date of your injury and your employer agrees to the settlement. (MCL 418.835(1)). Your settlement is subject to the approval of the workers’ comp magistrate. It’s important to consult with an experienced attorney who can help you negotiate a settlement that reflects the full value of your claim, including the costs of your future medical costs and lost wages.

When do you get a settlement from workers’ comp for your electrical accident injury?

A workers’ comp settlement cannot be approved until 6 months or more have passed since the date of the injury, and the process cannot be started without medical and vocational evidence. Insurance companies will often begin with a low-ball offer, hoping the worker will settle for far less than his or her claim is actually worth. Sometimes they offer a couple of years of disability to resolve a case that should get enough benefits to cover all of your future medical costs and time off work. It’s important to hire an experienced attorney right away to help you negotiate a full and fair settlement.

Does workers’ comp cover a death from an electrical accident?

Workers’ comp does cover death caused by an electrical accident. If your loved one was killed on the job, you and other surviving family members can file a workers’ comp wrongful death claim. In this type of action, you can recover benefits to compensate you for lost financial support in the form of lost wages, medical expenses, and funeral and burial costs. (MCL 418.301(1); 418.321; 418.345)

Is there a legal remedy other than workers’ comp for my electrical accident injuries?

Although workers’ comp is generally a worker’s exclusive remedy for an electrical injury at work, may apply in electrocution cases, it’s important to keep in mind that there can be other legal remedies. Also, lawyers who are unfamiliar with electrocution law commonly make the mistake of only pursing a workers’ compensation claim.

Our attorneys do not make that mistake. We evaluate all of the potential contractors and parties that have had responsibilities for power line installation over the years to determine who else could have been accountable. For example, the manufacturer, seller or distributor of the power line, or a contractor who was charged with inspecting or repairing either the power line, the pole or the pole top facilities could be responsible parties.

There are certain narrow exceptions to the Workers’ Comp “exclusive remedy” rule if you can show the following:

• A negligent third-party caused your injuries – If a third-party or co-worker caused your injury, you may be able to sue for pain and suffering, and your suit will not be barred by the WDCA (MCL 418.827(1) and (5))
• You were not an employee – If you were an independent contractor, you are not subject to the WDCA and not bound by an “exclusive remedy” provision, meaning you can sue for pain and suffering compensation. One of the key factors in determining whether a worker is an employee or independent contractor is whether the employer is required to withhold federal income tax from the worker’s paychecks. (MCL 418.161(1)(n))
• Your employer did not have workers’ comp insurance even though it was required by law to have it – In Michigan, employers must maintain valid workers’ comp insurance  (MCL 418.611) to cover injured workers’ medical expenses and lost wages in the event of a workplace accident. An employer who does not provide workers’ comp insurance can be sued for pain and suffering compensation and the “exclusive remedy” provision is not a bar to such a lawsuit.
• Your employer intentionally caused the electrical accident – When a Michigan worker is electrocuted because of his or her employer’s “intentional tort,” the WDCA’s Workers’ Comp “exclusive remedy” provision does not apply, so the worker can sue the employer for pain and suffering, as well as medical expenses and lost wages. (MCL 418.131(1)). An “intentional tort” is typically seen as a deliberate act, but the law also provides that intent can be inferred where the employer had actual knowledge that an injury was certain to occur and willfully disregarded it.