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Electrocuted at Work in Illinois: Workers’ Comp Benefits and Third-Party Claims

Rosenfeld Injury Lawyers LLC

An electrical injury at work in Illinois usually starts with a no-fault workers’ compensation claim against your employer. If a contractor, utility company, property owner, or equipment maker also caused the shock, you may bring a separate third-party claim.

electrical injury at work in illinois claims and benefits

What Counts as an Electrical Injury at Work?

An electrical injury at work is any harm caused by current passing through or near your body on the job. It includes shocks, burns, and arc blast injuries.

Electrical burns can look small on the skin while the tissue underneath is hurt. Other injuries include nerve damage, an irregular heartbeat, muscle damage, and hearing or vision loss from an arc blast.

Common causes are contact with overhead power lines, frayed cords, exposed wiring, wet work areas, and equipment that was not shut off before repairs began.

What Does Workers’ Comp Pay After an Electric Shock?

Workers’ comp pays reasonable medical care and part of your lost wages, no matter who caused the accident. Illinois lists construction and electrical work as extra hazardous, so coverage applies automatically.

Benefits can include temporary total disability benefits while you cannot work, generally two-thirds of your average weekly wage, subject to Illinois rules and limits. Permanent partial disability, vocational rehabilitation, and death benefits for families may also apply.

Fault does not block benefits, as this guide to workers’ comp when the accident was your fault explains. You must still show the injury happened while you were doing your job.

Can You File a Third-Party Claim Too?

Yes, if someone other than your employer helped cause the shock. Section 5 of the Workers’ Compensation Act bars most lawsuits against your employer, but it still allows claims against other negligent parties.

When an electrical injury at work involves more than one company, a third-party construction accident lawsuit can seek damages that comp does not pay, including pain and suffering.

Your employer or its insurer is usually repaid part of the comp benefits from your recovery, after sharing a pro rata part of the legal costs. That repayment rule is one reason these claims need careful handling.

Workers’ compThird-party claim
Filed againstYour employer or its insurerA negligent outside party
Fault requiredNoYes, negligence must be proven
Pain and sufferingNot paidCan be sought
Typical deadlineThree years from injury, or two years from last payment if laterGenerally two years from injury

Who Else Can Be Held Responsible?

Responsibility depends on who created or ignored the hazard. On a busy job site, several companies often share it.

  • General contractors and subcontractors who did not plan work around live wires.
  • Electrical contractors who did not de-energize equipment before work started.
  • Utility companies that failed to warn crews about energized lines.
  • Property owners who knew about a hazard and did not fix or flag it.
  • Equipment makers whose cords, tools, or insulation were defective.

A closer look at who can be liable for electrocution on a construction site shows how each party fits.

Do OSHA Rules Affect Your Claim?

OSHA rules do not decide your workers’ comp claim. They can still help show that a hazard was ignored, which matters in a third-party claim.

OSHA standard 1910.269 requires training for employees who work around electrical equipment. Standard 1910.303 covers installing and using electrical equipment as intended. Missing training records, skipped lockout and tagout steps, and worn protective gear can point to who failed to keep the site safe.

Overhead line contact is a repeat cause in construction site electrocution cases, so site records and utility notices often matter.

What Should You Do After an Electric Shock?

Get medical care first, then report the injury to your employer in writing. If you suffer an electrical injury at work, early records protect both your health and your claim.

  1. See a doctor, even if you feel fine, because internal injuries may not show right away.
  2. Report the injury to your employer and put it in writing.
  3. Photograph the cord, panel, line, or tool involved.
  4. Ask that damaged equipment be kept, not repaired or thrown out.
  5. Write down the names of coworkers who saw it.
  6. Save medical bills and records of missed pay.

How Long Do You Have to File?

Report the injury to your employer within 45 days. Then file your workers’ comp claim within three years of the injury, or two years after your last benefit payment, whichever is later.

Claims go to the Illinois Workers’ Compensation Commission, the state agency that oversees them. Missing a date can end a claim, so review the workers’ compensation filing deadlines early.

A third-party claim usually has a shorter window, generally two years. Claims against government agencies can follow stricter rules, so a late start is risky for any electrical injury at work.

FAQs About Electrical Injuries at Work

Can you sue your employer for an electric shock at work in Illinois?

Usually not. The Workers’ Compensation Act makes comp your main remedy against your employer, but you may sue other negligent parties.

What are the symptoms of an electrical injury?

Symptoms include skin burns, muscle spasms, breathing problems, an irregular heartbeat, and seizures. Some internal damage is not visible at first, so get checked even if you feel fine.

What if a utility company caused the shock?

You may be able to sue the utility company. Claims against government agencies follow stricter rules and shorter deadlines, so speak with a lawyer quickly.

Does workers’ comp cover pain and suffering?

No. Workers’ comp pays medical care and wage benefits. A third-party claim may seek pain and suffering if another party was negligent.

Can you get workers’ comp if the shock was partly your fault?

Yes, in most cases. Illinois comp is no-fault, so benefits do not depend on who caused the accident, but you must show the injury happened during work.

What Is the Next Step After an Electrical Injury?

Start by gathering your medical records, written report, and photos. Then talk with a lawyer who can sort out which companies may share blame. Illinois Work Injury Lawyer offers a free consultation to workers hurt in electrical accidents across Illinois. Reach out before a deadline gets close, because an electrical injury at work is easier to prove while the evidence is fresh.

Matthew Dolman Legally Reviewed By
Attorney Jonathan Rosenfeld

Content legally reviewed by Jonathan Rosenfeld The information on this page has been legally reviewed by Attorney Jonathan Rosenfeld, founder and managing partner of Rosenfeld Injury Lawyers LLC. With extensive experience representing injured workers across Illinois, Mr. Rosenfeld is dedicated to helping workplace accident victims pursue the maximum compensation available under the law. His extensive legal knowledge and commitment to client advocacy ensure that the information provided is accurate, reliable, and aligned with current legal standards.

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