Electrocution is one of the leading causes of death on American job sites. The Occupational Safety and Health Administration identifies electrocution as one of construction’s “Fatal Four” hazards, a category of accidents that together account for more than half of all construction worker deaths each year. But electrocution does not only kill construction workers. Electricians, utility linemen, maintenance technicians, agricultural workers, and factory employees all face this risk every time they work near exposed wiring, overhead power lines, or electrical equipment that has not been properly maintained or de-energized.
When a Pennsylvania worker dies from electrocution on the job, the family is left navigating grief and financial uncertainty at the same time. Pennsylvania’s workers’ compensation system provides death benefits to surviving dependents, but the process is not automatic and the details matter. A third-party claim may also be available depending on what caused the accident. Understanding both paths early gives families more options and more time.
Contact a Workers’ Compensation Attorney at Munley Law
Call Us At 844-686-5397 Why Workplace Electrocutions Happen
Most fatal electrocution accidents are preventable. OSHA violations are found in a significant share of workplace electrocution cases, and the violations tend to cluster around the same failure modes:
- contact with overhead power lines
- improper grounding of equipment
- failure to use lockout/tagout procedures when servicing electrical systems
- contact with energized parts that were supposed to be de-energized
- use of defective tools or wiring
In some cases, a piece of equipment itself is to blame because it was defectively designed or manufactured.
The industries where these deaths occur most often include construction, electric utilities, telecommunications, agriculture, and manufacturing. Workers in these fields regularly encounter conditions that create shock and arc-flash hazards, often while under time pressure or in physically demanding environments where attention to safety procedures can slip.
Pennsylvania Workers’ Compensation Death Benefits
When a Pennsylvania worker dies from a work-related injury or illness, including electrocution, the worker’s dependents may be entitled to benefits through the workers’ compensation system under the Pennsylvania Workers’ Compensation Act. These benefits are separate from any personal injury or wrongful death lawsuit and do not require proving that anyone was negligent. The employer’s workers’ compensation insurance covers them regardless of fault.
The primary benefit is a weekly payment to qualifying dependents based on the worker’s average weekly wage at the time of the accident. A surviving spouse receives 51% of that average weekly wage. Additional percentages apply for dependent children, up to a combined maximum of two-thirds of the deceased worker’s average weekly wage. Payments to a surviving spouse continue until death or remarriage. Benefits for dependent children continue until age 18, or longer if the child is a full-time student or is disabled.
The Act also provides a burial expense allowance to help with funeral costs. This is a fixed amount set by Pennsylvania law and paid directly to the estate.
To receive these benefits, the family must file a Fatal Claim Petition with the Pennsylvania Workers’ Compensation Bureau. There are deadlines to be aware of. In most cases, the petition must be filed within three years of the date of death. That window may seem long, but delays can complicate the case. Evidence becomes harder to preserve, witnesses become harder to locate, and insurers have more time to build a defense.
When Workers’ Compensation Isn’t the Only Option
Workers’ compensation provides important support, but it has limits. It does not compensate for pain and suffering, and the weekly benefit is capped at a percentage of the worker’s wages. If the family’s financial losses exceed what workers’ compensation pays, and a third party was responsible for the accident, a separate civil lawsuit may produce additional recovery.
Third-party claims in workplace electrocution cases frequently involve equipment manufacturers, when a tool or piece of electrical equipment was defectively designed or built; property owners or general contractors, when the hazardous condition existed on a site they controlled; or utility companies, when contact with overhead power lines contributed to the fatal accident.
In Pennsylvania, the family can pursue a workers’ compensation death claim and a third-party civil case at the same time. The workers’ compensation insurer does have a right to reimbursement from any third-party recovery, but an attorney can structure both claims to maximize what the family ultimately receives.
OSHA Investigations and Why They Matter
Fatal workplace accidents typically trigger an OSHA investigation. OSHA has the authority to inspect the site, interview witnesses, review records, and issue citations to the employer or other responsible parties. Citations issued after a fatality often document exactly what safety rules were violated and how. That documentation can be significant evidence in a civil case or in establishing that an employer’s conduct was willful rather than accidental.
Families should request a copy of OSHA’s investigation report once it is finalized. This is public record and can be obtained through a Freedom of Information Act request. An attorney can assist with this process and can sometimes obtain interim inspection notes before the final report is issued.
Munley Law: Pennsylvania Workers’ Compensation Attorneys
Caroline Munley is a certified workers’ compensation specialist and a member of the International Society of Barristers. J. Christopher Munley has been named Lawyer of the Year for Workers’ Compensation by Best Lawyers. Together, the Munley Law workers’ compensation team has handled fatal injury claims for Pennsylvania families for over 65 years.
If your family member was killed in a workplace electrocution accident, you may have more options than you know. Contact Munley Law for a free consultation. There is no fee unless we recover compensation for you.
Caroline Munley
Caroline Munley is an experienced and award-winning personal injury lawyer and is a board-certified workers’ compensation specialist. Since 2018, she’s been listed in Best Lawyers in America (Personal Injury Plaintiffs; Workers’ Compensation Claimants, Northeastern PA), Lawdragon, and has been a Pennsylvania Super Lawyer since 2022. A member of the International Society of Barristers, Caroline has won millions of dollars for car accident, commercial truck crash, and workplace injury victims.
