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.
The Scaffold Law is New York Labor Law §240(1). It places absolute liability on owners and general contractors for gravity-related injuries that occur because workers weren’t given proper safety equipment — scaffolds, ladders, hoists, harnesses, anchor points, or other protective devices. If you were injured by a fall from a height, or by a falling object that wasn’t properly secured, §240(1) likely applies. Comparative negligence is not a defense.
Yes. The Scaffold Law applies to the owner and general contractor, not your employer. You generally cannot sue your direct employer for a workplace injury because of New York’s Workers’ Compensation exclusivity rule (WCL §11). But you can pursue the property owner and the GC who controlled the site. Workers’ comp benefits run in parallel — you don’t have to choose.
Labor Law §241(6) covers injuries from violations of specific Industrial Code rules — things like inadequate lighting, unsafe walking surfaces, missing guardrails, improper hoisting. You have to identify a specific Industrial Code section the defendant violated. Comparative negligence applies. §240 is narrower (height + falling objects) but easier to prove. Many construction cases plead both.
§200 is the codification of general negligence on a worksite. It applies when an owner or general contractor exercised supervision or control over the work and was on notice of the dangerous condition that caused the injury. It’s broader than §240 and §241 but harder to win — you have to prove notice and control.
Yes. New York protects all injured workers regardless of immigration status. The Court of Appeals confirmed this in Balbuena v. IDR Realty LLC, 6 N.Y.3d 338 (2006). Your status cannot be used to limit your recovery for past or future lost wages, and it does not affect Workers’ Compensation eligibility. Your immigration information is not disclosed to immigration authorities in the course of your civil case.
Three years from the date of the accident under CPLR §214(5) for personal injury, or two years from the date of death for a wrongful death claim under EPTL §5-4.1. If the defendant is a public entity (NYCHA, the MTA, a school district), you must file a Notice of Claim within 90 days under General Municipal Law §50-e. Some §240 cases against public entities require the 90-day notice; talk to a lawyer before the deadline.
If you were electrocuted, shocked, or burned by electrical contact on a New York construction site, call us today.
