Worker Wins $2M Jury Award After Electrocuted Inside Trench

A worker electrocuted while in a trench in Connecticut has been awarded $2 million by a jury after suing a power company for failing to properly mark an underground electric line.

The power line was actually 7 feet 8 inches away from where it was incorrectly marked, according to the lawsuit filed in Superior Court in the Watertown District.

An excavator bucket cut the line June 18, 2019, near where Keven Shepard, 56, was working in a 3-foot-deep trench in Naugatuck.

Shepard underwent emergency treatment at a Watertown hospital, suffering nerve and muscle damage in his legs, as well as injuries to his back, hips, knees, muscles, nerves and soft tissue, injuries that “some or all of which are likely to be permanent,” according to the suit filed March 7, 2020, against Connecticut Light & Power Company doing business as Eversource Energy.

He is now unable to perform work as he was before the incident, the suit says. He alleged Eversource was negligent in failing to establish and adequately mark its underground facilities.

At the time, Shepard was working for Infrastructors replacing water lines to homes. The power company, which owns the utility line, had used U.S. Infrastructure Company to perform markout/locator service through the 811 Connecticut Call Before You Dig Central Clearinghouse before excavation began.

The company provided maps and/or schematics of its underground utilities in the area to USIC but denied allegations that it was negligent. It said those documents should not serve as “a primary method of locating underground facilities.” It alleged Shepard and his employer were at fault “for not taking necessary precautions.”

“The plaintiff and his employer were in complete control of the management and possession of the trench and excavation and therefore were completely responsible for safety at the site of the accident,” the power company’s response says.

The jury, however, saw it differently and on November 20 awarded Shepard $2 million. Of that amount, $1.5 million is for future non-economic damages and $500,000 is for past non-economic damages.

Locator Errors Among Top Causes of Utility Strikes

Locator errors are among the top-six reasons for damage to underground utilities, according to the 2023 DIRT Report released in October by the nonprofit Common Ground Alliance.

The report said the following root causes accounted for 76% of all damage in 2023:

• Failure to notify 811 (26.23%)
• Excavator failed to maintain clearance (15.12%)
• Facility not marked due to locator error (14.43%)
• Improper excavation practice not listed elsewhere (8.20%)
• Marked inaccurately due to locator error (7.23%)
• Excavator dug prior to verifying marks by potholing (4.61%)

The report calls for a data-based approach to damage mitigation, especially due to a predicted surge in excavation from increased infrastructure investment.

According to the 2023 DIRT Report, telecommunications infrastructure accounted for nearly 50% of all damage, followed by natural gas facilities at 40%. Water/sewer and telecommunications work remained the leading source of these incidents.

“With $85.4 billion in broadband expansion and $55 billion in water infrastructure improvements, the potential for increased damages is significant,” the report says.

To view the 2023 Dirt Report, click here. 

How to Avoid Utility Strikes

Secura Insurance Companies provides the following Safety Talk on avoiding underground utility strikes:

• Mark utilities at your jobsite. Do not dig until underground utilities have been identified. Contact your state’s One Call Notification Center to have the utilities marked by calling 811, or visiting call811.com/811-in-your-state.
• When working on private property, use a private company or staff an employee trained in other utility detection methods.
• Mark the area to be excavated and provide a clear description of the proposed excavation site on the locate ticket. Utilities will be marked with different colored paints or flags to indicate the type of lines present. A universal color code has been adopted to identify types of utility lines and excavation plans.
• Call for a re-mark if marks become unclear at your site due to weather conditions or job site operations.
• Use hand tools, flat-headed shovels, or other non-destructive digging techniques inside the tolerance zone. The tolerance zone is the area along each side of each existing utility line, typically within 2 feet in each direction. Tolerance zones vary by state, so know your local requirements before starting.
• Dig slowly and ease up when you get near the utility line to avoid accidental damage. Do not assume the depth of a utility line will remain the same, or that the line will run straight between markers. Stop digging and call 811 if utilities are not found where they were marked, or unmarked utilities are discovered.
• When utilities are exposed, wrap and support them to protect from damage. Use caution when back-filling to prevent collapse, and avoid using rocks and other foreign materials in the backfill.
• If an underground utility line is hit, immediately stop digging and report any damage to your supervisor, no matter how minor.
• If a gas or electric line is hit, immediately stop work, evacuate the area, and call 911. Watch the area for signs of danger, such as fire and electrical sparks. Also be mindful of smells, like natural gas.
• Once immediate dangers are assessed and controlled, call the utility company to inform them of the incident. This allows the utility owner/operators an opportunity to inspect and repair damages.