In 2025, the Electrical Safety Foundation International used statistics from the Bureau of Labor Statistics (BLS) and the Occupational Health and Safety Administration (OSHA) to identify electrical safety trends in the workplace. According to these statistics:
- Electrical fatalities remained consistent from 2011-2023
- Construction and extraction occupations have the highest rate of electrical fatalities
- Overhead power line contact is responsible for 42.8% of electrical fatalities
If you’ve lost your loved one, you likely have many questions. How did the accident happen? Could it have been prevented? How will you pay your loved one’s funeral expenses? How will your family make up for your loved one’s lost income? What should you do after your loved one dies in a construction accident? How will you find out these answers while you are grieving?
Our experienced New Jersey and New York construction accident lawyers are here to help you. We’ve been helping construction workers and their families for more than 45 years, and we are here to answer your questions and fight for the recovery you deserve.
How Construction Electrocution Accidents Happen
In New York and New Jersey, construction electrocutions occur in different ways that often share one common element: preventable negligence. For example, an electrocution can occur because of:
Power Line Contact
Power line contact is a leading cause of fatal electrical injuries on construction sites. Workers operating cranes, lifts, or scaffolding near overhead lines face serious risks when proper clearance isn't maintained. These accidents typically occur when equipment operators haven't been adequately trained about minimum approach distances or when job sites lack proper warning signs and barriers around energized lines.
Equipment Defects
Damaged power tools, frayed extension cords, malfunctioning generators, and other defective equipment can deliver lethal electrical currents. Manufacturers, rental companies, and contractors share responsibility for ensuring equipment safety through regular inspection and maintenance programs.
Improper Grounding
Improper grounding and lack of ground-fault circuit interrupters (GFCIs) may also cause fatal accidents. New York and New Jersey construction codes require these basic safety measures, yet they are not always followed.
Inadequate Lockout or Tagout Procedures
Inadequate lockout or tagout procedures cause preventable deaths when workers encounter equipment that hasn't been appropriately de-energized. This fundamental safety protocol requires specific training and conscientious implementation.
Weather
When rain, snow, or high humidity creates wet conditions, the danger of electrical contact rises. Site supervisors must adjust work plans accordingly, yet production pressures often lead to dangerous shortcuts.
New York and New Jersey Laws Protecting Construction Workers
New York and New Jersey have established some of the nation's strongest legal protections for construction workers and their families.
12 NYCRR 23-1.13: Electrical Hazards
New York regulations concerning electrical hazards in construction are found in 12 NYCRR 23-1.13. According to the regulation, there are eight general things employers must do to protect construction, demolition, and excavation workers from electrical hazards, including:
- All power lines and facilities are considered energized until the owner or the owner’s qualified representative confirms that they are not energized.
- Before any work is done, the employer must determine the voltage levels of all power lines and facilities on or around the construction site. If there are two or more voltage levels, all electrical equipment and circuits must be identified by voltage and phase.
- Before any work is done, the employer must determine if any part of an electric power circuit is located where a person, tool, or machine may come into contact with it. If any are found, warning signs must be posted, and workers must be informed of the location, hazards, and safety precautions they should take.
- An employer shall not allow an employee to work near an electric power circuit unless they are protected by de-energizing the circuit, grounding it, or guarding it with appropriate insulation or other means. If the location of underground power lines is unknown, workers using jackhammers or other hand tools must be provided with insulated protective gloves, aprons, and footwear.
- If circuits are de-energized, open switches or other de-energizing devices must be guarded against accidental closing.
- The appropriate utility company must be notified or work at least five working days before any work within 10 feet of an overhead live wire or before an excavation work that could contact a live underground wire.
- Portable electric power generators must have frames and one pole of the electrical outputs must be grounded.
- Any wiring found to have cracked or deteriorated insulation must not be used and should be discarded.
Additional regulations apply to temporary electric power circuits and high-power voltage circuits.
New York Labor Law 240
New York's Labor Law Section 240, commonly called the "Scaffold Law," provides exceptional protections beyond what's available in most states. While often associated with fall protection, this statute also covers electrocution deaths that occur when workers on elevated platforms contact power lines. The Scaffolding Law establishes absolute liability for property owners and contractors who fail to provide proper safety equipment—meaning they can be held responsible regardless of whether the worker contributed to the accident in any way.
New Jersey Construction Safety Act
NJAC 5:23-3.16 is the electrical subcode of New Jersey’s Uniform Construction Code. New Jersey has adopted the National Fire Protection Association's model code, “The National Electrical Code (NEC) 2020," and Tentative Interim Amendments 1-9 as its electrical subcode. The regulations address service disconnects, GFCI expansions, surge protection, and other safety measures.
OSHA Regulations
OSHA regulations provide an additional layer of protection in both states. While OSHA violations don't automatically establish liability in wrongful death claims, they create powerful evidence of negligence. When investigators document electrical safety violations after a fatal accident, these findings can substantially strengthen a family's claim for compensation.
What to Do if Your Loved One Dies in a Construction Electrocution Accident
We understand that it can be challenging to know what to do after the sudden and tragic loss of a loved one. As you mourn and take the necessary steps to protect your family’s future, we encourage you to:
- Obtain official reports from all investigating agencies. OSHA, local fire departments, police agencies, and state safety inspectors may all have separate reports after a fatal electrocution. These documents often contain critical findings about safety violations, equipment conditions, and witness statements that become foundational to wrongful death claims. Your construction accident lawyer can help you identify and get relevant reports.
- Document all expenses. Keep detailed records of funeral costs, medical expenses for any treatment before death, lost income, and other financial impacts. These records will form the economic foundation of your wrongful death claim.
- Limit communication with insurance representatives and company officials. Well-meaning statements to employers, contractors, or insurance adjusters can inadvertently harm your legal position. Allow your legal representative to handle all case-related communications to protect your rights and prevent statements that might be taken out of context.
- Talk to a construction accident lawyer as soon as possible. Your lawyer can preserve critical evidence. Construction sites change rapidly, with equipment moved, conditions altered, and witnesses reassigned to different projects. An experienced construction accident attorney can dispatch investigators to document the scene, identify witnesses, and file necessary legal holds on the evidence before crucial details are lost forever.
