Fatal Electrical Injury on the Job: The Difference Between Workers Comp and Negligence | Shapiro, Washburn & Sharp

The old saying that ‘lightning never strikes the same place twice’ is another myth that any veteran storm observer or researcher has seen nature defy. Lightning can strike any location more than once. In fact, given enough time, it is actually inevitable.  For a 24-year-old man working in St. Johns, Florida (FL) it wasn’t lightening that killed him but electricity.  Both electric shock and lightning strike injuries result from the direct effects of current on the heart and brain.  Many people will quickly take cover when a lightening storm approaches but do not have the same caution when dealing with electricity.

The young man was at work as a contractor at the time of the accident.  His family may have the right to file a wrongful death claim if his injury was caused by faulty or defective equipment at the job site or if the equipment became defective and dangerous because of something the product manufacturer, distributor or seller did to it. In other words, if the injury was caused by the negligence or malfeasance of another company rather than by his own employer, then his family can file injury claims against that other company.

In certain Virginia (VA) cases you can receive workers’ compensation benefits from your employer and bring a separate negligence action against a third party besides your employer, but read this entire list of FAQs to understand how workers’ compensation claims differ from negligence claims and lawsuits in Virginia, North Carolina and beyond.

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