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12 NYCRR 23-1.13 — “Electrical hazards” — is the primary Industrial Code provision. It addresses working proximity to energized installations, required clearances from overhead lines, lockout and tagout procedures, inspection of electrical equipment, use of insulated tools and PPE, and protection of workers near electrical hazards.
Imposes liability on owners and contractors who knew or should have known of dangerous electrical conditions and failed to address them.
If the electrocution caused a fall from height, §240 may also apply.
Liable parties: property owner, general contractor, electrical subcontractor, utility company for overhead line cases, equipment manufacturers, and lockout-tagout responsible party.
Electrical burns at entry and exit points, cardiac injuries including arrhythmias and cardiac arrest, neurological damage including peripheral neuropathy and cognitive impairment, internal organ damage, musculoskeletal injuries from violent muscle contraction, secondary trauma from falls, long-term psychiatric effects including PTSD, and death.
Same damages as any New York personal injury case. Electrical injury cases often involve substantial future medical costs and significant lost-earning-capacity components.
Prior results do not guarantee a similar outcome.
Was the electrical sub on site when other trades worked in the area? Did the demolition contractor get clear permits to work in spaces where electrical was active? Was the utility properly notified before crane operation near overhead lines? Were the as-built drawings up to date? Did the safety officer actually attend lockout-tagout training? Did this electrical sub have prior incidents on similar projects? The answers exist in the project file. We know where to look.
In a typical negligence case, the defense will argue your case down with comparative-fault arguments — that you weren’t paying attention, that you took a shortcut, that you should have known better. Under §240, those arguments generally cannot defeat the claim. That is why §240 cases tend to settle higher and earlier than negligence-only construction cases.
If you were electrocuted, shocked, or burned by electrical contact on a New York construction site, call us today.