Content reviewed by:
Alex Shulman
Yes, you can sue a third party for an electric shock at work if their negligence caused your injury. Under New York law, you typically can’t sue your employer when you are hurt on the job. However, a third party, such as a contractor, is open to legal action.
You can also file a claim for workers’ compensation if you are injured by an electric shock at work due to the actions of a third party. Whenever you are hurt on the job, it is a good idea to consult with a personal injury lawyer and talk through your options.
Call today to schedule your free consultation and learn how a New York City workers’ compensation lawyer can help.
Workers’ Compensation in New York
Most employers in the state of New York are required to carry workers’ compensation insurance. This system bars you from suing your employer in most situations. Instead, your employer’s insurer covers your damages without admitting fault. Typically, your benefits will address:
- Your medical costs
- A percentage of your wages, capped at an amount set by the state
- Permanent disability
If you’ve been hurt at work and you are struggling to understand how to get the benefits you deserve, or if your employer has denied your benefits, contact our team immediately. We can help you understand what you are entitled to and how to handle your claim.
When You Can Sue a Third Party for Negligence
If a negligent party other than your direct employer caused your electrical shock injury, you may have the ability to pursue a lawsuit outside of your workers’ compensation insurance. Labor Laws cover electric shock, workplace injuries, and other safety violations in New York.
When these laws are violated, injured workers can often sue third parties for greater compensation, including pain and suffering. You do not need to prove negligence for a workers’ compensation claim. However, demonstrating negligence is necessary if you intend to sue a third party after suffering an electric shock at work or another on-the-job injury.
That means your attorney must show that they owed you a duty of care, failed to meet that duty, and you suffered actual damages as a result. A successful lawsuit means you may recover compensation for both economic and non-economic damages.
What Third Parties Can You Sue for Negligence After an Electric Shock at Work?
Examples of third parties that can be liable for workplace injuries, such as electrical shock, include:
- Property owners can be liable under New York Labor Law if unsafe electrical conditions on their premises contributed to your injury.
- General contractors may be liable if they fail to properly manage the worksite or enforce electrical safety protocols.
- Electrical subcontractors can be responsible if errors in their work, such as faulty wiring or leaving circuits energized, directly caused the electrical hazard.
- Manufacturers may be accountable under product liability laws if a defective tool or electrical component caused the shock.
- Maintenance companies may be responsible under New York Labor Law if a negligent inspection or repair allowed a dangerous electrical condition to exist.
Deadlines for Filing Your Claims
According to New York Civil Practice Law and Rules § 214, you generally have three years from the date of your injury to file a third-party personal injury lawsuit related to a workplace accident. Workers’ compensation claims have different deadlines.
Under New York’s workers’ compensation laws, you must notify your employer in writing within 30 days of the injury. You must also file a formal workers’ compensation claim within two years of the date of injury, or from when you knew or should have known the injury was work-related.
It is important to report the injury as soon as possible and talk to an attorney. Missing important deadlines can impact your eligibility for benefits as well as your ability to pursue a claim. Our team can help you stay on track so you don’t lose your legal standing.
Talk to Our Team About Your Workers’ Comp Case
If you experienced an electric shock at work, you can sue a third party for negligence if they caused your injury. You may also be able to file a workers’ compensation claim to cover portions of your medical care and lost wages.
Usually, you must rely on workers’ compensation if you are injured at work. However, if your employer has violated New York Labor Laws regarding safety in the workplace, you may have the right to sue a property owner or general contractor for your damages beyond workers’ comp.
At Shulman & Hill, we have recovered more than $1 billion in settlements and judgments for injured accident victims. Call today to schedule your free consultation and tell us about your account.
Our team has more than 200 years of combined legal experience. Every Borough, Every Block, New York, We Got You.
