On average, accidental electrocution is thought to cause around 20 fatalities in Australia each year. The highest proportion of electrocution injuries is suffered by males and those between the ages of 30 and 39. Five to ten deaths and over 100 severe electricity related injuries are caused by lightning each year and almost two thirds of electrocutions involving overhead powerlines occur at work.
Electrocution or electrical injury occurs when generated electrical current is allowed to pass through the body. It can cause a variety of injuries including: skin burns, internal organ damage, soft tissue damage, cardiac arrhythmias and respiratory arrest. Coming into contact with electrical current may result in a minor “shock” or it may result in life threatening complications depending on the voltage of electricity that enters the body.
When a person experiences electrocution or an electric shock they may suffer from:
Electrocution or electric shock injuries commonly arise from:
Jobs at higher risk for electrical injuries include: Electricians, trades people, construction workers, firefighters and tree loppers.
You may be able to claim compensation for an electrocution injury if it resulted from someone else’s negligence or carelessness. Negligence may arise in a variety of settings.
If you are electrocuted at work, you may be able to
from your employer. Employers must provide proper and adequate means for employees to carry out their work. This includes:
If you are injured because your employer neglects to provide safe systems of work, equipment or a safe environment, you may be able to sue for personal injury compensation. This includes injuries incurred over a long period of time, late onset injuries, and aggravations of pre-existing injuries.
Jeff sustains burns to 20% of his body as a result of being electrocuted at work. At the time of the accident Jeff was performing a connection of a high voltage switch and was not aware that a co-worker had re-connected it to power before he had finished. Jeff’s employer arranged for numerous teams to work on various maintenance tasks simultaneously but failed to institute communication protocols and safety checks to reduce safety risks. Jeff can claim compensation from his employer for his personal injuries.
Rick sustains a serious electrical shock injury at work while using an electric drill. Rick’s employer provides tagged and tested power tools for him to use, but he decides instead to use his own drill which is 10 years old and has never been tested in accordance with Australian requirements. Rick would not be able to claim compensation for his injuries as they were due to his own negligence. However, he could apply for Workers Compensation payments while he is off work.
Jobs at higher risk for electrical injuries include: Electricians, trades people, construction workers, firefighters and tree loppers.
See also:
Occupiers (including owners of private property and public authorities), have a duty of care toward people coming onto their land. They must take reasonable care to make sure entrants are not exposed to risks that are likely to cause injury. This means if there is something that is potentially dangerous on their property they must rectify it or warn people of the danger.
Common scenarios include someone slipping on a floor surface surface or tripping over an unexpected obstacle on the ground, falling into an unmarked hole in the pavement, or being hit by falling debris from a building site.
Jeff is electrocuted while staying in a hotel when he flicks on a toaster which has an electrical fault. There is no safety switch installed in the building. Jeff is able to claim compensation for his injuries because the hotel has negligently failed to ensure its electrical systems are safe for its guests.
Rachel is sheltering from a storm under a tree in council parkland, when a lightning strike hits the tree she is touching and causes burns to her hand and arm. Rachel has no grounds to claim compensation since there is nothing the council could have done to prevent the injury.
Extreme electrocutions are often fatal, and survivors may be left in a vegetative state requiring permanent full care. Even less severe electrical shocks may cause long-term physical, neurologic and psychological symptoms. Electric shock victims may suffer from muscular pain and discomfort, fatigue, problems with peripheral nerve conduction and sensation, headaches and balance and co-ordination issues. Many who suffer from electrical injuries have difficulty returning to work.
caused by electrocution often require lengthy hospital stays of weeks or months. Surgery and other intensive medical treatment may be required. The healing process is often slow and painful. The psychological impact of any visible disfiguration, particularly due to scaring on the hands or face can also be significant.
General damages compensate you for the pain and suffering you have experienced as well as any permanent loss of enjoyment of life as a result of your electrical injury. They are calculated by reference to the ISV Scale which rates the seriousness of any injury between 1 and 100 and accords a monetary value range to that rating.
For example an extreme electrocution resulting in the person being left in a vegetative state may be rated from 71 to 100 corresponding to a monetary range of $215,160 to $349,400 whereas a minor electric shock injury may only be attract an ISV of between 0 to 5 with a monetary range of $0 to $6,950 depending on the extent of any permanent damage.
To treat and diagnose the extent of an electrocution injury you may need to consult your general practitioner, consult a specialist, obtain scans, take pain medications use special medical apparatus such as a wheelchair. The expenses you incur to obtain medical treatment including costs of consultations, diagnostic scans, travel costs, medication and medical equipment may be claimed as compensation. You can also claim for medical costs you will incur in the future as a result of your injury.
Electrocution injuries may require surgical procedures such as applying skin grafts. Surgical or hospital costs paid by you can be claimed as compensation as long as the surgery was necessary to treat your condition.
Rehabilitating after an electrical injury may involve intensive therapies as well as home and vehicle modifications and ergonomic aids. Your reasonable costs of rehabilitation can be claimed back as compensation.
If you sustain an electrocution injury you may need time off work for several weeks or months immediately after the incident. You can claim compensation for this lost income.
If your electrical injury prevents you from working in the future to the same extent as you did prior to the injury you may also be able to claim loss of future income earning capacity. This is usually estimated as a lump sum figure based on the age of the person, their usual occupation and other skills.
Compensation can be claimed for superannuation that would have been paid on lost income.
Serious injuries that result from electrocution may prevent you from being able to perform tasks such as personal care, cleaning, laundry, mowing your lawns, caring for the garden or other domestic chores. If you formerly performed these duties but are now unable to due to an injury you can claim compensation for care and assistance provided to you by friends, relatives or paid contractors.
In Queensland there is a minimum threshold for this type of compensation.
Interest can generally be claimed on compensation for any out of pocket expenses that are incurred before your claim is resolved.
In general terms, the amount of compensation is gauged by comparing what your life was like before the injury and what it is like now as a result of the injury. Therefore, someone whose injury has had a greater impact on their life will be entitled to more compensation than someone whose injury has had only minimal impact.
The amount of compensation payable for an injury will vary greatly from case to case, depending on a variety of variables such as:
For most personal injury claims, a legal action must be commenced within three years of the date of the injury. If you miss this deadline, your claim will be statute barred and you will lose all rights to claim compensation.
However, depending on where your injury occurred or who you are suing, specific pre-court procedures may apply which have their own time limits which are much sooner. If you miss these time limits you may lose your right to pursue your claim if you cannot provide sufficient reasons to the court as to why you delayed and why you should be allowed to proceed with your claim.
The time limits specified by some pre-court procedures are set out below.
For minors, the obligation to serve the other party with a Notice of Claim begins when the child turns 18, however a parent or guardian may do this on behalf of the minor before they turn 18.
In the case of medical negligence claims, a parent or legal guardian of a minor must serve a Notice of Claim within six years of the day when the parent or guardian knew or ought to have known of the injury.
Depending on the nature of your injuries and the circumstances that caused them, compensation may or may not be available. You should always seek expert legal help to see if you are able to make a claim.
It’s important to get advice for your specific situation. Check if you can make a risk-free compensation claim and get free initial advice from our Principal lawyer, Greg Smith.