I was electrocuted or shocked at work. What are my rights?

Electrical injuries are worse than they look

Electrocution is one of OSHA's four leading causes of death in construction. Survivors may have entry and exit burns that look small, while the current did serious damage inside: to nerves, muscles, blood vessels and the heart. Some effects, such as nerve pain, weakness, memory problems and heart rhythm problems, show up later. Get a full medical evaluation, not just treatment for the burns, and follow up.

How these injuries happen

• Equipment that wasn't locked out and de-energized before maintenance or repair.
• Cranes, boom lifts, ladders, scaffolds and long tools that come too close to overhead power lines.
• Damaged extension cords, missing ground-fault protection and improper wiring on job sites.
• Defective tools and equipment.
• Arc flashes in electrical rooms and plants.

The safety rules

OSHA's lockout/tagout standard requires employers to shut off and lock out equipment before workers service it, and to verify it is de-energized. Construction sites need ground-fault protection for temporary power. Texas has its own law for overhead lines: no one may work within six feet of a high voltage overhead line unless the line's operator has been notified, generally at least 48 hours before, and safety arrangements such as de-energizing or covering the line have been made. Violations of these rules are strong evidence of responsibility.

Who can be responsible

• Another contractor that failed to lock out a circuit or that energized a line while you worked.
• The general contractor or property owner that controlled the site and the work near power lines. For contract workers at a plant, Texas Chapter 95 applies to the owner.
• The utility, in some cases, depending on the line's condition and what it was told.
• A manufacturer of a defective tool, cord or piece of equipment.
• Your employer, if it has no workers' compensation.

The evidence we go after

• Lockout/tagout records and energy-control procedures for the equipment.
• Whether the utility was notified, and the job's plan for work near power lines.
• The tools, cords and equipment involved, preserved for testing.
• Electrical drawings, work orders and permits.
• Witnesses, photos and OSHA's inspection file.

What a claim can cover

Workers' comp, when your employer has it, pays medical care and part of your lost wages, but nothing for pain or the full loss of your earning ability. A claim against another responsible company, or against an employer without workers' comp, can cover all of it: medical bills now and in the future, every dollar of lost wages, lost earning capacity, pain, mental anguish, disfigurement and physical impairment. What a case is worth depends on the injuries, the future care they require, your work and the evidence of fault. No honest lawyer can put a number on it before reviewing those facts, and we never promise a result.

How these cases unfold

The company's investigation starts the same day, often with its lawyers and insurers involved. OSHA may inspect, and it has six months from a violation to issue citations. Federal investigations by the Chemical Safety Board can take years, and you don't have to wait for them. In the first weeks, our job is to send preservation demands so records, data and equipment are not lost, identify every company involved, and get you the medical care the claim depends on. Then come the experts, such as process-safety engineers, safety consultants, doctors and economists, followed by negotiations or a lawsuit. Many workplace cases resolve in one to three years; the most serious ones can take longer.

What to do now

Get a full medical evaluation, including your heart, and keep the tool or equipment if it was yours. Don't sign anything from the company or its insurer. Jimmy Suerken is a Mexican-American attorney who speaks Spanish, and you can talk with him directly. When a case calls for it, he brings in experienced co-counsel and the right experts.

More answers about industrial and plant accidents

Other ways people ask this

I got shocked but felt fine afterward. Should I still see a doctor?

Yes. Electrical injuries can affect the heart, nerves and muscles without obvious signs at first. A full evaluation also creates the record your claim depends on.

The equipment wasn't locked out. Is that a violation?

OSHA requires equipment to be shut off, locked out and verified de-energized before workers service it. A missing lockout is strong evidence of what should have been done.

We were working near a power line. Who was supposed to call the utility?

Texas law puts the duty on the person or company responsible for the work to notify the line's operator before work within six feet of a high voltage overhead line. That company's failure can make it responsible.

Can I sue the power company?

Sometimes, depending on the line's condition, what the utility knew and whether it was notified. Most cases also involve the contractors who controlled the work.

How much is an electrocution case worth?

It depends on the injuries, especially burns and nerve or heart damage, future care, your work and the evidence. We give you an honest assessment after reviewing the facts, and we never promise a result.

I got an arc flash burn in an electrical room. Is that covered?

Arc flash injuries can be covered by workers' comp and can support claims against other companies, such as one that failed to de-energize equipment or provide proper protective equipment.

My memory and concentration changed after the shock. Is that related?

It can be. Electrical injuries can cause neurological symptoms that appear or persist after the burns heal. Tell your doctors, and ask about a neurological evaluation.

Authority: OSHA 29 CFR 1910.147 (lockout/tagout) · Tex. Health & Safety Code ch. 752 · Tex. Lab. Code ch. 406