Personal Injury Law for Delaware Electric Shock Incidents

Workplace safety is very important for both employers and employees. One of the most serious hazards that can occur in a workplace is electric shock, which can cause fatalities and serious injuries.

If you have been the victim of an electric shock incident in your Delaware workplace, you have a legal right to seek compensation for your losses.

Below, we’ll explain personal injury claims for electric shock incidents, the steps you should take after an incident, and the types of compensation that may be available to you.

Common Causes of Electric Shock Incidents in Delaware Workplaces

Electric shock incidents can occur in a variety of workplace settings, from construction sites to office buildings. Some of the most common causes of these incidents in Delaware include:

  1. Faulty Electrical Equipment: Malfunctioning or improperly maintained electrical equipment, such as power tools, machinery, or wiring, can lead to electric shocks.
  2. Lack of Proper Safety Protocols: Inadequate safety training, lack of personal protective equipment (PPE), or failure to follow established safety procedures can increase the risk of electric shock incidents.
  3. Exposure to Live Electrical Components: Employees who work with or near live electrical components, such as transformers or high-voltage lines, are at a higher risk of electric shock.
  4. Wet or Damp Conditions: Working in wet or damp environments, such as near water sources or in areas with poor drainage, can heighten the risk of electric shock.
  5. Improper Grounding or Bonding: Improperly grounded or bonded electrical systems can create a pathway for electricity to flow through the body, leading to electric shock.

Understanding the common causes of electric shock incidents in Delaware workplaces can help you identify potential hazards and take proactive steps to prevent such incidents from occurring.

Understanding the Legal Aspects of Personal Injury Claims for Electric Shock Incident

When it comes to personal injury claims for electric shock incidents in Delaware, there are several legal considerations to keep in mind. The most important issue to consider is, who was responsible for creating or maintaining the risk? Was it a dangerous condition created by the employer or a fellow-employee, or was it a dangerous condition under the control of a third party?

An electric shock accident caused by a risk under the Employer’s control could entitle an injured worker to claim Workers’ Compensation benefits

In the State of Delaware, an employee who has sustained a workplace injury has the right to make a claim for Workers’ Compensation benefits. These benefits may include:

  1. Medical expenses – hospital charges, bills from doctors’ offices, and the cost of rehabilitation or therapy may be paid by the Employer’s workers’ compensation carrier after a workplace injury.
  2. Wage replacement benefits – Wage replacement benefits in a Delaware workers’ compensation case are most often called Temporary Total Disability (TTD) benefits. If a Delaware worker is unable to return to the job place and earn a wage due to an on-the-job injury, that worker is entitled to TTD benefits in an amount that will generally be calculated as ⅔ their average weekly wage. (There are other types of wage replacement benefits as well that we won’t go into in this blog post).
  3. Permanent Impairment – If the worker sustained a permanent impairment of a body part – or a permanent partial impairment of a body part, then that worker would be entitled to make a claim for compensation for that loss of use of that body part.
  4. Disfigurement – If a worker in a Delaware on-the-job accident sustained a permanent change in appearance when normally clothed, then that may entitle the worker to make a claim for disfigurement benefits. In electrocution injury cases, it is not uncommon for us to be able to assist our clients with significant disfigurement claims.
  5. Other benefits – there are other benefits available in the context of a Delaware workers’ compensation claim arising out of an on-the-job electrocution injury.

An electric shock hazard created or controlled by a non-employer third-party may entitle a Delaware worker to make a personal injury claim or file a personal injury lawsuit

The State of Delaware follows a “comparative negligence” rule. Comparative negligence means that as long as you were not more at fault than the person or company you are suing, then you can win your case. But if you were between 1% at fault and 50% at fault for causing your own injury, then your award will be reduced by your own percentage of negligence. refers to the amount of compensation you can receive may be reduced if you are found to have contributed to the incident in any way.

In order to advance a successful personal injury claim, you need to be able to demonstrate the following:

  1. Duty of Care: The third employer or another party had a legal obligation to provide a safe working environment and prevent electric shock incidents.
  2. Breach of Duty: The employer or another third party didn’t live up to their duty of care, which caused the electric shock incident.
  3. Causation: As a result, this breach resulted in the electric shock incident and your subsequent injuries.
  4. Damages: You have suffered measurable damages. This may include lost wages and medical bills which occurred as a result of the electric shock incident.
    It’s important to note that the statute of limitations in Delaware is two years from the approximate date of the incident. If you don’t file your claim within this time frame, you may lose the ability to do so later.

Steps to Take After an Electric Shock Incident in the Workplace

If you have been the victim of an electric shock incident in your Delaware workplace, here are some steps to take to protect yourself and increase the chances of your claim’s success:

  1. Seek Medical Attention: Immediately seek medical care, even if your injuries seem minor. This not only ensures your safety but also creates a documented record of your injuries.
  2. Report the Incident: Notify your employer about the electric shock incident and follow their established reporting procedures. Obtain a copy of the incident report for your records.
  3. Gather Evidence: Make sure you take photos to document the accident scene, the equipment or electrical components involved, and any visible injuries. Also, write down the names of witnesses who saw the accident.
  4. Avoid Admitting Fault: Do not make any statements or admissions of fault to your employer or their insurance representatives. The insurance company may use what you say against you later.
  5. Contact a Personal Injury Lawyer: Contact a personal injury lawyer in Delaware who specializes in electric shock incidents. They can help you navigate the claims process and fight against a powerful insurance company.

Following these steps can significantly strengthen your personal injury case and increase your chances of receiving the compensation you deserve.

Types of Compensation Available for Electric Shock Injuries

If you have been the victim of an electric shock incident in your Delaware workplace, you may be entitled to various forms of compensation in a personal injury case, including:

  1. Medical Expenses: This can include the cost of emergency treatment, hospitalization, rehabilitation, and any ongoing medical care related to your injuries.
  2. Lost Wages: You may be able to recover compensation for any income you have lost due to your inability to work during your recovery.
  3. Future Lost Earnings: If your injuries have resulted in a permanent disability or reduced earning capacity, you may be able to recover compensation for your future lost earnings.
  4. Pain and Suffering: This can include compensation for the physical pain, emotional distress, and reduced quality of life you have experienced as a result of your injuries.
  5. Punitive Damages: In some cases, where the employer’s actions or negligence were particularly egregious, you may be able to recover punitive damages as an additional form of compensation.

The specific types and amounts of compensation you may be eligible for will depend on the severity of your injuries, the circumstances of the incident, and the strength of your personal injury case.

Call for a Free Case Evaluation

If you or a loved one have been the victim of an electric shock incident in your Delaware workplace, don’t hesitate to contact our experienced personal injury lawyers for a free case evaluation.

We are dedicated to protecting the rights of injured workers and ensuring they receive the justice and compensation they deserve. Contact us today to get started.