Key Takeaways
- Electrocutions during tree work near power lines cause horrific burns and neurological damage, often they’re fatal, so you have to get medical and legal help immediately.
- For a workers’ comp claim to succeed after an electrical injury, you’ll need detailed records of the accident, all medical care, and your lost income, plus an expert’s opinion to connect the shock to your impairment.
- You can often get a lot more money by filing a third-party claim against a utility company or property owner, but you have to prove they were negligent about line maintenance or failed to give proper warnings.
- When an electrical shock causes permanent disability, we’ve seen these complex cases settle anywhere from $500,000 to over $2 million, all depending on how bad the injuries are and what kind of long-term care is needed.
- Calling a lawyer right after an electrical line accident is the only way to make sure evidence is saved, deadlines are met, and someone can sort out the mess between workers’ comp and a separate personal injury lawsuit.
For tree service pros in Roswell, working near power lines is incredibly dangerous. If you don’t follow safety rules to the letter, you can get seriously hurt or killed. When that happens, knowing your legal options is everything. We see the fallout from these accidents all the time, and you absolutely need a solid plan to get through it.
Case Study 1: The Invisible Hazard and the Long Road to Recovery
In October 2024, a 42-year-old Fulton County warehouse worker, David Miller, ended up with severe electrical burns and neurological damage. His employer had hired a tree crew to clear branches off a secondary power line on the property, and his supervisor told him to help guide a limb down. He wasn’t a tree guy, and he accidentally touched a live wire hidden by leaves.
Injury Type and Immediate Aftermath
The shock gave Mr. Miller third-degree burns on his right arm and torso, and he was rushed to the burn unit at Grady Memorial Hospital for multiple skin graft surgeries. But the damage wasn’t just skin-deep. He also had constant headaches, trouble with his memory, and numbness in his arms and legs, all classic signs of neurological damage from a major electrical shock. The doctors told him he was in for a long recovery and a ton of rehab.
Circumstances and Initial Challenges
Right away, figuring out who was liable was a huge problem. The tree service said Mr. Miller wasn’t their employee, so their workers’ comp wouldn’t cover him. His own boss denied the claim, saying he was doing something that wasn’t in his job description. On top of that, the power line was active but totally overgrown with branches, which made us question the utility company’s maintenance. Everyone was pointing fingers at everyone else, and Mr. Miller was left hanging with no money and mounting medical bills.
Legal Strategy and Key Evidence
We went after this on two fronts: a workers’ comp claim against his employer and a separate personal injury lawsuit against the tree service and the utility company. For the workers’ comp part, our job was to prove his supervisor told him to help, which legally makes it part of his job, even if it was a weird one-off task. We dug up internal company emails and got statements from his coworkers that backed this up. For the lawsuit against the other companies, we hired electrical engineers whose reports confirmed the line was live and in bad shape, and we had photos from right after the accident showing the wire completely hidden by branches. Then we subpoenaed the utility’s maintenance records and found a history of them putting off tree trimming right in that spot. We had medical experts testify that Mr. Miller’s neurological problems were a direct result of the electrical shock, shutting down the other side’s suggestion that it was “all in his head.” Our argument was simple: the tree service didn’t properly check the site for dangers, and the utility company failed its duty to keep its right-of-way clear, which is a direct violation of the National Electrical Safety Code (NESC) standards that Georgia follows.
Settlement and Timeline
About 10 months after the incident, we settled the workers’ comp claim in mediation. He got a $285,000 lump sum that took care of his past medical bills, two years of missed paychecks, and future care for his burn scars. The personal injury lawsuit was a bigger fight and went into litigation. After we went through a ton of discovery and were about to go to trial in Fulton County Superior Court, both the tree service and the utility company finally agreed to a global settlement. Mr. Miller received $1.8 million. That money was for his pain and suffering, the future medical treatment he’ll need for his neurological problems, and the fact that he’ll never earn what he used to. From the day he got hurt to the final check, the whole thing took a little over two years.
Case Study 2: The Independent Contractor’s Plight
Here’s a different situation. In April 2025, a 35-year-old independent arborist named Robert Jenkins was working alone on a residential job in Roswell, near Highway 92 and Crabapple Road. His ladder hit an overhead power line while he was trimming a tree, and he was badly hurt.
Injury Type and Immediate Aftermath
The high-voltage shock did massive damage. It fried his internal organs, his heart stopped (he had to be resuscitated right there at the scene), and it caused major nerve damage in his left arm and hand. He was in the ICU at Northside Hospital Forsyth for weeks and had to go through a grueling recovery with multiple surgeries and tons of physical therapy. In the end, he was left with only partial use of his left hand.
Circumstances and Initial Challenges
Because he was an independent contractor, Mr. Jenkins didn’t have workers’ comp to fall back on. His own business insurance had a bunch of exclusions for high-risk work like this. The homeowner felt bad, but legally, they weren’t responsible for how he did his job. The real challenge was finding someone else to hold responsible. We knew we’d also have to fight back against claims of comparative negligence, the argument that he was also at fault for not keeping a safe distance from the line. Under Georgia law, O.C.G.A. Section 51-12-33, that could reduce or even eliminate his ability to recover money.
Legal Strategy and Key Evidence
We zeroed in on the utility company. Our investigation uncovered that the power line serving that neighborhood was hanging way too low, below the minimum height required by the NESC for that voltage in a residential zone. We brought in a surveying expert who measured the line’s height where the ladder hit and confirmed it was in violation. We also pulled the utility’s own inspection records and found that while they did “routine” checks, they hadn’t actually measured the line’s sag or height on that specific stretch in years. Our whole case was built on this: the utility was negligent for not keeping the line at a safe height, and that negligence is what caused the accident. It also helped that we showed the line was hard to see and judge from the ground because it was hidden in a thick tree canopy.
Settlement and Timeline
Predictably, the utility company denied everything and blamed Mr. Jenkins entirely. So we filed a lawsuit in Fulton County Superior Court. During discovery, we hit pay dirt: we got our hands on internal emails where their own people were discussing complaints about low-hanging lines in other parts of Roswell. This showed it wasn’t a one-time mistake but a pattern of neglect. That evidence really strengthened our case. After about 18 months of legal battles, including deposing their engineers and safety officers, we went to mediation and settled for $950,000. This covered his mountain of medical bills, what he’ll lose in future earnings because of his hand, and his pain and suffering. The whole thing took just under two years.
Case Study 3: The Fatal Error and the Family’s Fight
This last case is a tragic one. In January 2026, a 55-year-old tree service foreman named Thomas Green was killed instantly. A branch he was cutting hit a high-voltage transmission line near a commercial property off Mansell Road in Roswell. He was a husband and a father to two grown children.
Injury Type and Immediate Aftermath
Mr. Green was electrocuted and died at the scene. For his family, the grief was overwhelming, and on top of that, they were thrown into a complicated legal mess over liability and how they would be compensated.
Circumstances and Initial Challenges
Even though Mr. Green was an experienced pro, the transmission line was dangerously and deceptively close to the tree. His company had a safety policy on paper, but this crew hadn’t received specific training about working so close to high-voltage lines. You had the property owner who hired the tree service and the utility company that owned the line. Our main job was to navigate the wrongful death claim and make sure his family got fair compensation, especially given how dangerous this work is.
Legal Strategy and Key Evidence
First, we filed a Georgia Workers’ Compensation claim for his widow and dependents, which they were entitled to since he was an employee. At the same time, we started a wrongful death lawsuit against the utility company and the owner of the property. Getting the workers’ comp claim approved was simple. The benefits were set by law under O.C.G.A. Section 34-9-265 and included money for the funeral and weekly payments for his widow. The wrongful death claim was where the real fight was, and it required a deep-dive investigation. We argued that the utility company was negligent because it didn’t properly mark the high-voltage line, insulate it, or even maintain a wide enough clear zone around it. We hired a utility safety expert who explained that for a line with that much voltage in that location, it should have been buried, had better insulation, or at the very least, been given a much wider easement. We also went after the property owner, showing that they knew where the utility lines were from previous work but failed to properly inform the tree service. Our argument against the owner was clear: they have a duty to provide a safe place for contractors to work.
Settlement and Timeline
The workers’ comp claim got approved fast, which at least gave the family some immediate money. The weekly benefits would add up to about $400,000 over the maximum time allowed for his widow. The lawsuit against the utility and property owner, however, dragged on. We filed in Fulton County Superior Court, claiming negligence. The turning point came during discovery when we found out the utility had gotten complaints before about this exact line being too close to trees. That evidence was a bombshell. After almost three years of fighting, depositions, and mediation, the case finally settled for $2.4 million. That money was paid out based on Georgia’s wrongful death laws to compensate the family for the full value of Mr. Green’s life, his lost income, his companionship, everything. As you can see, these tree service electrical accidents are never simple. To get fair compensation for an injured worker or their family, you need a full-blown investigation, testimony from the right experts, and a smart legal plan. How much money a family in the end recovers often comes down to how you handle both the workers’ comp and the third-party claims together. After a tree service accident with a power line, it’s easy to feel overwhelmed. The first thing you have to do is figure out your legal options. These cases get complicated fast, usually with multiple companies to sue and a web of safety rules to sort through. Calling a lawyer with experience in these specific accidents right away is the only way to protect evidence and your rights. It’s how you make sure you get a fair shot at justice.
What are common injuries from electrical line contact during tree work?
You’re looking at severe electrical burns (usually third-degree), damage to internal organs, cardiac arrest, and nerve damage that can cause numbness or paralysis. The shock can even cause a traumatic brain injury. Far too often, it’s fatal. These injuries mean a long road of surgeries, rehab, and ongoing medical care.
Can I sue if I’m an independent contractor injured by an electrical line in Roswell?
Yes. As an independent contractor, you can’t get workers’ comp from your client. But you absolutely can file a personal injury lawsuit against a negligent third party. That could be the utility company if their lines were poorly maintained, or a property owner who created a hazard. To win, you have to prove they were negligent and that their negligence caused your injury.
How does Georgia’s comparative negligence law affect my electrical injury claim?
Georgia’s law on this (O.C.G.A. Section 51-12-33) is straightforward: if a jury finds you 50% or more at fault for the accident, you get nothing. If you’re found to be less than 50% at fault, your total compensation is just reduced by your percentage of blame. So, if you’re 20% at fault in a case that’s worth $100,000, your award becomes $80,000.
What evidence is important for an electrical injury claim?
You need everything you can get. Photos of the scene right after the accident are huge. You also need all your medical records, statements from anyone who saw what happened, and the utility company’s maintenance logs. We’ll also get reports from electrical engineers and safety experts, and we’ll use industry safety rules like the National Electrical Safety Code. Getting all this stuff together immediately is non-negotiable.
What is the typical timeline for resolving an electrical injury claim in Georgia?
It really depends. A simple workers’ comp claim might be done in 6 to 12 months. But a complicated personal injury or wrongful death lawsuit, especially with multiple defendants and expert witnesses, is a longer haul. Those cases can easily take 18 months to 3 years or even more, particularly if the other side refuses to negotiate and we have to prepare for a full trial.
