Electrical injuries on construction sites — electrocution, arc-flash burns, and falls triggered by a shock — usually trace back to a safety failure: live wiring that should have been de-energized, missing lockout/tagout, or unmarked power lines. New York's Labor Law and the Industrial Code impose specific duties that these incidents frequently violate.
The free Accident Answer Engine walks through your situation and shows the legal issues, deadlines, and next steps that fit it. Open the Answer Engine →
How New York law applies
- § 241(6) and the Industrial Code. Specific electrical-safety rules in the Industrial Code can support a claim against owners and contractors when they're violated.
- § 240 may apply. If a shock causes a fall from a height, the elevation-related protections can come into play as well.
- Comp plus a third-party case. Workers' comp covers immediate care; a Labor Law claim targets the non-employers who controlled the hazard.
Who may be responsible
Liability often reaches beyond the obvious. Depending on the facts, responsible parties can include:
- The property owner
- The general contractor
- An electrical subcontractor
- A utility or equipment provider
- Your employer (workers' compensation)
Deadlines that matter
A third-party construction case generally must be filed within three years, and a related wrongful-death claim within two years. Public projects can shorten these windows. Just as important, job sites change quickly — equipment and witnesses disappear — so prompt documentation matters.
What to do now
- Report the injury to your employer or supervisor in writing the same day, and start a workers' compensation claim to protect your benefits.
- Get medical care immediately and tell the provider exactly how the injury happened on the job.
- Write down which contractors were on site, what equipment was involved, and any safety device that was missing, broken, or not provided.
- Identify co-workers who saw what happened — job sites change fast and witnesses move on.
- Photograph the location, the equipment, and the conditions if you safely can.
Mistakes to avoid
A good case can be undercut in the first days. Watch for these:
- Assuming workers' compensation is your only option — a separate third-party case against a contractor, owner, or equipment maker is often available and can recover far more.
- Letting the job site get cleaned up or repaired before the conditions are documented.
- Giving a recorded statement to the site's insurer or signing forms you don't understand.
- Waiting to act — memories fade, workers leave, and key deadlines can be short.
What affects your case's value
No one can responsibly promise a number before reviewing your records. These are the factors that actually move it:
- Severity of burns or neurological injury
- Whether a specific safety rule was violated
- Lost earnings and future care
- Available insurance
- Strength of documentation
This is general information about how injury claims are evaluated — not a valuation or prediction of any outcome.
Frequently asked questions
What law applies to a construction electrocution?
Often Labor Law § 241(6], tied to specific Industrial Code electrical-safety rules, and sometimes § 240 if the shock caused a fall from a height.
The contractor says I should have known the line was live. Does that matter?
It's an argument, but the duty to de-energize, mark, and lock out hazards falls on those who control the site. Don't assume blame.
Can I bring a case while on workers' comp?
Often yes — a third-party claim against a non-employer can proceed alongside your comp benefits.
What should be preserved?
The wiring and equipment, any lockout/tagout records, inspection logs, and witness accounts.