Electric Shock Compensation Claims
The significant risks to people from contact with electricity or electrical faults are well known and have been recognised by a Queensland Government review. The same review reported that over a 10 year period about 400 serious electrical incidents were reported to the relevant government office.
In a 2019 submission, Master Electricians Australia estimated that around 15 people per year die and around 300 are hospitalised due to electrical accidents in the home.
Electrical safety is clearly paramount, and there are strict rules around any activities that involve electricity. Unfortunately, unsafe electrical installations, electrical equipment, and behavior around electricity still occur, with tragic consequences including serious injury and death.
Electric shock injuries can occur outside (for example, due to lightning strikes), or inside of the workplace, the home or any other building. The key areas of risk are anywhere near the following:
- Powerlines
- Electric switches or wiring
- Electrical equipment
Learn more about how you might be entitled to make a compensation claim if you have been injured by electricity.
Common Electrical Shock Injuries
What we call 'electric shock' is more precisely described as an electric current passing through the tissues and/or organs of the body.
The human body is considered a 'good conductor' of electricity, meaning that significant injury can be incurred in a very short time, even within a second of contact with electric current. It is also important to note that extreme caution should be taken when looking to assist anyone who is the victim of an electric shock, as electric accidents can easily become multi-victim/multi-fatality incidents.
Some types of injuries sustained from electric shock accidents are described below.
Direct Trauma from Electric Shock
HealthDirect explains that the immediate injuries apparent after a person has suffered an electric shock, which include:
- Breathing difficulties or inability to breathe at all
- A weak and/or irregular pulse
- Burns, frequently at the sites at which electricity entered and left the body
- Loss of consciousness
- Cardiac arrest
It's important that a person who has suffered an electrical injury receives medical attention immediately, even if they appear well. They may have internal injuries or be suffering other complications that aren't apparent straight away. A medical examination is recommended in all cases.
The Australian Institute of Health and Wellness reports that electric shock injuries can affect the cardiovascular system and neurological (or nervous) system. This can cause disturbances to heart, brain and respiratory function.
Burns from Electric Shock
A significant number of electric shocks result in burn injuries - up to a quarter of electric shock injury cases involving hospitalisation have a principal diagnosis of burns.
Burn injuries can be external or internal. Whether a person who has suffered an electric shock incurs either or both of these can depend on the type of electrical accident.
Electric shock injury from a number of different sources can cause burn injuries:
- An arc flash - this usually causes 'superficial' burns, or burns to the skin, which can be serious (see an example here)
- Flames from an electrical spark or arc flash that have set items alight
- Lighting strike or 'true' electrical injury where the current flows through a person's body - this can cause both superficial burns and burns to internal tissues
Muscle Spasm and Mechanical Injury
In very simple terms, muscles move in response to electric impulses from the brain, that travel down the nerves to the relevant muscle, where a chemical is released to cause the muscle to contract or relax (you can find a more detailed explanation here).
So it's no surprise that an electric shock causes muscle spasms in the body.
By far the most significant type of muscle spasm involves the heart. An electric shock can cause an electrical disturbance or damage to the heart (or both), which can lead to the heart functioning poorly or stopping altogether. The resulting decrease in blood flow to vital organs including the brain can cause serious injury or death.
Additionally, muscle spasms can result in the sufferer being inflicted with a non-fatal injury. In some cases, the contraction of the muscles in contact with the source of electricity, such as a faulty wire, may mean the person cannot let go and stop the transmission of electricity. This tends to result in more serious and long term symptoms, as the length of time a person is exposed to the current during a shock is a significant contributor to the level of injury suffered.
Finally, muscle spasms can cause 'mechanical' injury in two ways:
- if significant enough, they can cause bones to fracture or dislocate
- any muscle spasm can lead to contact with an object or structure, for example by causing a fall, leading to additional injury
"At-Risk" Job Types for Electric Shock injury:
A 2013 review found that across Australia each year, about 190 workers successfully claim compensation for accidents involving contact with electricity. For the period 2014-2016, almost half of those admitted to the hospital with electric shock injuries reported that they were engaged in a work-related task when they suffered the injury.
You may be surprised to find that there is a wide range of occupations in which workers are at risk of electric shock injury. However, the fact is that electric shock injuries can occur in any location where there is electrical wiring or electrical appliances.
Causes have been identified as including:
- Faulty electrical equipment
- Damaged electrical cords
- Electrical appliances in contact with water
- Faulty wiring in a home or other building
- Contact with powerlines
- Lightning
Electricians
Electricians are subject to strict electrical safety and licensing laws and are highly trained professionals.
There is specific legislation applying to electric work; this work is defined in that legislation as:
- Connecting electricity supply wiring to electrical equipment or disconnecting electricity supply wiring from electrical equipment
- Manufacturing, constructing, installing, removing, adding, testing, replacing, repairing, altering or maintaining electrical equipment or an electrical installation
Strict codes of practice apply to this work. Regardless of the measures put in place, their occupation exposes electricians to significant risks.
Two of the three key areas of electric risk in Queensland are clearly more relevant to the work of electricians. These are:
- Electrical installations, including fixed wiring and associated equipment - risks arise from improper work practices, the impact of the work of others (including unqualified persons) on the integrity of installations and unlicensed electrical work (which may be dangerous and which electricians may be required to fix)
- Electrical appliances in the home and workplace - electricians are more likely to come into contact with faulty electrical appliances and therefore are more likely to sustain an injury.
Construction Workers
Construction workers account for a significant proportion of workers who suffer an electric shock at work.
This is unsurprising when you consider that the major electrical hazards involved in construction include:
- Overhead and underground power lines, which workers may not see or even know are present
- Exposed wiring and electrical components
- Installation of electrical wiring
The statistics on electric shock injury in the construction industry are sobering. Between 2002 and 2014 the second highest cause of fatalities on construction sites involved contact with electricity. And in 2014-16 the construction sector accounted for about 16% of electric shock injury cases in the workplace in Australia.
Electric shock injury in this context is due to:
- Direct or indirect contact with electricity
- Arc flashes
- Secondary harms including falls from heights
- Explosions and fires
Other Workers
Any worker can suffer electric shock injury while performing their work or in public, for example by being required to use faulty equipment that are damaged, faulty, in contact with water, or by coming into contact with poor electrical installations. Some examples of people who can suffer an electric shock at work and may be entitled to claim compensation are:
- Office staff
- Care workers
- Nurses
- Theatre staff
- Hairdressers
- Mechanics
- Engineers
- Cleaners
What Evidence is Required to Make an Electric Shock Claim?
If you need to seek compensation for an electric shock injury, it's best to seek legal advice from experienced personal injury lawyers on the specific evidence required. The evidence needed for each case is different, depending on the details of the electrical accident and your personal circumstances and needs.
There's no 'one size fits all' approach, but as a general guide, successful electric shock compensation claims are usually supported by evidence proving:
- how the electric shock injury occurred
- treatment provided by a hospital, doctor or specialist
- long term impacts of the injury, future treatment and rehabilitation needs and prognosis (likely extent of recovery and timeframe)
- medical costs, including fees for doctors and specialists, hospitalisation costs, medicines, and likely future costs of rehabilitation
- financial impacts such as lost income and earning capacity
- the amount of pain and suffering endured
If the injury occurred in the workplace, and negligence on the side of the employer was not involved, a statutory claim (often referred to as a 'WorkCover claim') can be lodged with your employer's workplace injury insurer, however, if negligence has been a causal factor in the injury, the injured party may consider running a 'common law' claim in addition to the statutory claim, usually resulting in additional compensation. Very basically, a 'common law' claim is available when a person or organisation that owes you a legal duty to care for your safety and wellbeing, fails to do so to a reasonable standard, and you suffer injury as a result. Common law claims can be complex and personal injury solicitors generally have a great deal of experience and knowledge in running such claims.
It is advisable to contact experienced personal injury lawyers as soon as possible, after initial medical attention has been provided, to best understand your rights and entitlements under the law.
Is There a Time Limit For Making an Electric Shock Injury Claim?
Yes, there are strict time limits to make an electric shock compensation claim. It is advisable to do the following in regards to any claim:
- If you choose to seek compensation, take actions as soon as practical (e.g. contacting a lawyer, or lodging a claim with your company's insurer)
- Seek advice from a personal injury lawyer in relation to time limits as they relate specifically to you, and your rights and entitlements
For electric shock injuries sustained in the course of employment, a claim should be made to WorkCover (or your work's insurer) within 6 months from when the injury occurred, or when the injuries caused by an electric shock are first linked to your workplace duties by a doctor.
For common law claims, you are generally required to commence a claim with the court within 3 years of the injury occurring.
Your first priority after an electric shock injury should be to get the right treatment and care and your focus on your recovery. However, to preserve your rights to claim compensation, it is a good idea to speak to a lawyer once you're able to.
How Long do Electric Shock Settlements Usually Take?
As each claim is different, the amount of time it takes to settle a claim can vary, however claims are generally settled within 12 to 18 months.
The length of time it takes to resolve your claim is dependant on a number of factors, some of which are controlled by the claimant's side and other controlled by the insurer (the 'other side'). Having an experienced legal team behind you can work to your advantage, by reducing unnecessary delays.
If you've suffered an electric shock at work, and would like to make a statutory claim, this should be done as soon as possible, after seeking medical care.
How Much Does it Cost to Lodge an Electric Shock Claim?
Personal injury claim associated legal fees depend on the amount of work required, which can vary, as each claim is unique.
Many lawyers who represent injured people provide their services on a' no win no fee' basis, reducing the financial risk of making an electric shock injury compensation claim. Many agreements differ however, and there can be 'catches' which can leave claimants significantly out of pocket. At Smth's Lawyers, we We offer a free consultation where we can discuss any aspect of your potential claim, including what would be involved with a no win no fee agreement with us.
What Are the Average Payouts For Electric Shock Injury?
In electric shock claims, the amount of compensation awarded will depend on a great number of factors. Even ball-park figures are unhelpful and can often lead to expectations that may not be met, and have little utility in terms of forward planning.
The law exists to make injured people 'whole,' meaning as close to how they would be if the injury had not been incurred. Throughout the life of the claim, especially in the earlier stages, the focus is on the physical/psychological improvement of the claimant, however, once MMI (maximum medical improvement) has been reached, then based on the level of impairment at that point, the law seeks to bridge the gap financially.
Therefore, some accidents involving electricity result in only a mild electric shock and injuries can be minor and resolve quickly with no lasting damage; which would lead generally to a lower settlement amount. However, some people who suffer electric shocks are far more significantly affected, and therefore the amount of compensation they recieve would be more considerable.
Relevant factors affecting the size of electric shock injury claims include:
- The seriousness and physical impact of the injury
- How long it will take you to recover, and any permanent effects of the injury or impact on life expectancy
- Costs you've incurred for medical intervention, including hospital expenses, doctor and specialist fees, and medication up until the settlement
- The cost of any further medical treatment or rehabilitation required moving forward
- Lost income, and your ability to work and earning capacity going forward
- The impact of the injury on your relationships and other aspects of your personal life
- An additional amount for pain and suffering
- The legal costs you have incurred
Tragically, some electric shock accidents cause fatal injuries. SafeWork Australia estimated that the electric shock injury fatal accident rate for workers was 4% per year for 2014-2016. In the ten years ending 2012, from an electrical accident across Queensland.
In those cases, a compensation claim may be available for the dependent or dependents of the deceased person. This is called a claim for wrongful death. Personal injury claims for fatal injury can include compensation for:
- Costs of medical treatment
- Funeral expenses
- Loss of economic support from the deceased person
Can I Represent Myself When Making an Electric Shock Claim?
It is possible to represent yourself to make an electric shock injury claim. However, many people find they appreciate the help of specialist personal injury lawyers to navigate the legal process. Expert electric shock injury compensation lawyers can utilise their knowledge and experience for the benefit of your claim.
Personal injury law can be complex and making a common law claim can be particularly daunting. The amount of work associated with running a claim, and the legal knowledge required to protect your rights and secure the accurate level of compensation is significant, therefore engaging a team of lawyers is advisable.
Generally, personal injury lawyers will be able to discuss your situation initially without cost. This would be advisable, even if you are planning to self-represent, in order to gain initial knowledge about your rights and entitlements and discuss the difference between self-representation and running your claim with a law firm.
Lodge A "No Win No Fee" Claim
If you suffer injuries whilst at work, and you are looking for further information in terms of making a claim. Here at Smith's Lawyers, we offer a free consultation for injured people looking to seek compensation. As mentioned before, we also have a "No Win. No Fee. No Catch." policy, which means you will never be out of pocket.
Get in touch with us today to give yourself the best opportunity to understand your rights.
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