Wrongful Death Claims for Power Linemen: What Families Need to Know
Being a lineman is a demanding and hazardous profession. Power linemen perform one of the most dangerous jobs in the United States. It’s so dangerous that a percentage of workers are seriously injured or killed while working from heights, dealing with electricity, or performing other dangerous tasks each year. If you’ve lost a loved one who was a power lineman to one of these tragedies, here’s what you need to know about a potential wrongful death claim.
Common Causes of Power Lineman Injuries and Deaths
According to the Bureau of Labor Statistics (BLS), there are two main occupations in the electrical and telecommunications sector. Electrical power-line installers and repairers install and repair the high-voltage equipment used for the electrical grid. These wires can run hundreds of thousands of volts of electricity.
The second occupation involves installing and repairing telecommunications lines for internet and cable providers. Such work may not necessarily involve high-voltage electricity, but it does often involve climbing poles and working in other hazardous conditions.
One thing both of these occupations have in common is that they are dangerous and result in many work-related injuries and deaths. Between 2011 and 2015, there were over 200 fatal occupational injuries. Some of the most common causes of power lineman injuries and deaths include:
- Falls from heights — The most common cause of power linemen’ injuries and deaths is falling from heights. Electrical poles stand roughly 40 feet high. If a worker falls from their station, the results could be catastrophic.
- Electrocution — Since linemen are tasked with directly handling live power cables, there is a high risk of electrocution.
- Fires and explosions — It’s not uncommon for damaged electrical systems and transfer stations to explode, leading to severe burn injuries or fatalities.
- Struck by object — Power linemen can become injured or killed by falling objects, such as tools, live power lines, or tree limbs.
- Overexertion — Power linemen are required to work under extreme conditions and may become injured or lose their lives due to overexertion.
- Bucket truck or vehicle accidents — Because this occupation requires workers to travel to remote locations at night and during inclement weather, serious vehicle accidents are not uncommon.
- Others — Other causes of lineman fatalities and accidents include animal attacks, harmful chemical exposure, malfunctioning equipment, and exposure to extreme elements.
Can You Sue a Power Lineman’s Employer for Wrongful Death?
In most cases, you cannot sue a power lineman’s employer for the wrongful death of a loved one. This is because most states’ Workers’ Compensation laws contain “exclusive remedy” provisions that limit an injured employee’s ability to sue their employer for on-the-job injuries. This includes a family’s ability to sue for wrongful death. There are exceptions to this rule. One is if the employer violates state or federal employment laws, such as those relating to workplace safety.
Just because you may not be able to sue an employer, that doesn’t mean you don’t deserve justice and can’t obtain compensation. A wrongful death case can generally be brought against responsible third parties who are not co-workers or the employer. An example would be another driver in a fatal vehicle accident or the manufacturer of defective equipment that caused an electrocution death.
What Damages Are Awarded in a Wrongful Death Lawsuit?
If you decide to sue for wrongful death, you may be able to receive several different types of damages. These usually fall into two main categories — those suffered by the victim prior to their death and those suffered by loved ones due to their loss. Each may include both economic and non-economic damages.
Damages Suffered by the Victim
Often, families who file a wrongful death claim will ask for damages that the decedent could have pursued had they survived the accident. These damages include things like reimbursement for medical expenses, lost wages, and pain and suffering.
Damages Caused by the Loss of a Loved One
When an accident victim loses their life, a family member may have the right to pursue certain damages from the responsible party. These include things like funeral and burial expenses, loss of future wages, and loss of companionship.
The awards or verdicts in wrongful death cases will vary bases on extent of the losses and the circumstances of the accident.
Power Company Responsibility to Keep Power Linemen Safe
Many power linemen and their families fail to realize that they have legal protections and rights due to the nature of their work. The Occupational Safety and Health Administration (OSHA) has created standards for working with electricity, working from heights, and other hazards involved in working in this industry.
If you lost a loved one who was working as a power lineman at the time of their accident, you can pursue compensation. A knowledgeable lineman injury attorney can help you understand your options. By working with a skilled attorney, you will be in the best possible position to recover maximum compensation for your devastating loss.
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