Siding Contractor Pays $1.2 Million Settlement to Its Employee After Admitting Liability for the Worker’s Worksite Electrocution
Electrocution occurs when a person is severely injured or killed by an electrical shock. The voltage of electricity that enters through a person’s body can cause long-lasting or permanent damage to organs and bodily functions. Common causes of electrocution include, contact with exposed wires, downed power lines, electric sockets, or overhead wires. Construction sites and workers have high risk for electrocution due their use of electrical sources in construction and repairs of buildings.
People respond to electrocution in varied ways. How it affects each person is based on factors, such as voltage, overall health, and time length of electric contact. The ability of the electrocuted person is able to get medical attention quickly also may affect whether survive or succumb to the electrocution. The medical and physical effects of an electrocution may be visible; however, the major damages may be internal. The electric current can cause severe damage to the heart, brain, muscle, nerves, tissue, burns to the skin, and cardia arrest.
On March 11, 2016, Jorge Zhindon, a construction site worker, was severely injured after he was electrocuted while working at a residential work site. He was taking down a scaffold with other workers when the metal pole he was holding came in contact with overhead electrical wires. The contact caused him to suffer an electrical shock that threw him several feet. The electrocution put him into cardiac arrest. He was in the hospital for a week at the Jersey City Medical Center. He underwent impatient rehabilitation for three weeks. He also had outpatient physical therapy.
Zhindon filed a lawsuit against Mayfair Remodeling was the siding contractor for the work site. The lawsuit alleged that Mayfair improperly allowed scaffolding to be built close to the power lines. For his injuries, Zhindon claimed that he had ongoing pain from the electrocution wound, symptoms of post-traumatic stress disorder, anxiety, and double vision. Mayfair agreed to liability for the accident; however, it did not agree the vision issues were related to the accident. Although trial was set, the parties reached a settlement agreement at mediation for $1.2 million, which was paid to Zhindon.
An employee injured or killed in a workplace or work-related accident can seek compensation for wage compensation, disability benefits, or medical treatment. To receive compensation for medical treatment the injured or ill employee must go the treating physician chosen by the employer. The benefits for medical care cover the costs for a medical treatment, prescriptions, and hospitalization services. While receiving medical care the health care provider may determine that the work-related injury or illness as caused the employee to become disabled. The New Jersey Workers’ Compensation Act set forth three types of disability – temporary total disability, permanent partial disability, and permanent total disability. Disability benefits are provided weekly benefits calculated percentage of the employee’s normal wage.
A employee may reach an agreement with his employer to receive a full and final settlement as compensation for a job-related injury or illness. This can occur after submitting the claim to the New Jersey Division of Workers’ Compensation. The petitioner bring the claim must be represented by an attorney licensed to practice in New Jersey .Both parties may agree to a lump-sum settlement, which the judge of compensation must approve. The party seeking compensation must surrender all current and future claims pertaining to the subject of the petition in exchange for receiving the lump-sum settlement.