[1gillies1]

On April 1, 2005 I was struck by lightning at my employers while on the computer. Since this event, I have been hospitalized, through rehab twice, under numerious meds, etc. As expected, the workers comp carrier has declined the claim as an 'act of god'. In others researching for my behalf, they have provided a number of cases siting compensation paid for such an event outside of Illinois. The common thread appaers to be if I was under more risk at work than the normal person would have been at home as an example. I worked for a software company which has in excess of 200 pc's, large computer room, etc. Certainly one could ascertain that with this equipment, my potential for injury by lightning is heightened. Recently in Illinois a lightning case for a farmer received a settlement. I have retained an attorny and eventually the case will go to a review board. I am on disability and the odds of me returning to any type of work is about zero. My short term cognitive memory is lost and physical ailments prevent much movement. My question to those whom read this, are you aware of any events that can enhance my position and bring the workrs comp carrier to resolution. Thank you kindly for any advice.

[rmet4nzkx]

On April 1, 2005 I was struck by lightning at my employers while on the computer. Since this event, I have been hospitalized, through rehab twice, under numerious meds, etc. As expected, the workers comp carrier has declined the claim as an 'act of god'. In others researching for my behalf, they have provided a number of cases siting compensation paid for such an event outside of Illinois. The common thread appaers to be if I was under more risk at work than the normal person would have been at home as an example. I worked for a software company which has in excess of 200 pc's, large computer room, etc. Certainly one could ascertain that with this equipment, my potential for injury by lightning is heightened. Recently in Illinois a lightning case for a farmer received a settlement. I have retained an attorny and eventually the case will go to a review board. I am on disability and the odds of me returning to any type of work is about zero. My short term cognitive memory is lost and physical ailments prevent much movement. My question to those whom read this, are you aware of any events that can enhance my position and bring the workrs comp carrier to resolution. Thank you kindly for any advice.

Were you wearing ground protection? Was a window open? Was there a lightening rod on the building or was the building properly grounded?

[jk]

I worked for a software company which has in excess of 200 pc's, large computer room, etc. Certainly one could ascertain that with this equipment, my potential for injury by lightning is heightened. .

Not sure how you come to that conclusion. A computer does not inherently attract lightning. As a matter of fact, I would suggest that as a company of that size should do, there was surge protection installed in the electrical system. That would make you actually less susceptable to a shock.

You also failed to divulge how and where you were when you got struck.

[1gillies1]

Were you wearing ground protection? Was a window open? Was there a lightening rod on the building or was the building properly grounded?

what occured was the a lightning arc through my window and hit my hand and the mouse. There was no lightning rod on the building and the building had previously been hit by lightning. The building also had water damage through ceiling when it rained heavily.

[1gillies1]

Not sure how you come to that conclusion. A computer does not inherently attract lightning. As a matter of fact, I would suggest that as a company of that size should do, there was surge protection installed in the electrical system. That would make you actually less susceptable to a shock.

You also failed to divulge how and where you were when you got struck.

I was sitting next to a window where my metal desk and laptop was stationed. The lightning 'arded' through the window and hit my right hand which was on the mouse. The building was previously struck by lightning and damaged the data center that had to be placed on the back up system for a couple of days. Though surge protectors were normal practice throughout the building, it was not manadory and I would suggest maybe only 50% did use surge protectors.

[jk]

Surge protectors would have provided no benefit in your situation.

So your hand was on a plastic (non-conductive) mouse, typing on a plastic (non-conductive) keyboard possibly touching a metal desk (that wouldn;t have been grounded at all) and lightning came through a window and lit you up.

Sounds like an act of God to me.

Nothing you experienced would have caused a greater potential for being struck by lighning than at home with the exception of that is the building that was hit and not your house.

So like they say in real estate; location, location, location. It makes all the difference.

[rmet4nzkx]

Please consult a worker's comp attorney, it would seem your employer was courting disaster and knew or should have known of the danger to both their equipment and employees by not having a properly grounded building. This was not an act of God. Also contact OSHA.

[jk]

rmet: how do you determine from the post that the building was not properly grounded. The fact is that no matter how well a building is grounded (btw, a building per se is not neccessarily required to be grounded. at most, if it is a steel structure building, the steel itself is grounded by virtue of the column bases with enclosed steel being in the ground and the steel erected upon them. Then by virtue of physical contact, each subsequent metal member becomes grounded due to this structure. Newer building codes often require a ground rod to be installed at each column but earlier versions didn't.) The steel structure would be required to be bonded at the electrical service panel though. This actually would cause the situation to happen easier rather than prevent it from happening.



The electrical system is most definately grounded as required by electrical codes that are almost totally consistant through out the US unless the building is extremely old and has somehow not been upgraded to meet current electrical standards.


Lightning is one of the least controllable sources of electricity due to the extreme voltages involved. The best grounding or lightning arresting systems ability to control lightning is far from guaranteed they will perform as designed. The immense power of lightning has evaded complete control by any human design. What we do is attempt to control it by trying to steer it to a safe grounding point. We are far from being totally successful.

I see absolutely nothing in this thread that would infer the building had any problems that would add to the situation or that any governmental agency would deem a hazard.

The fact the strike was a direct strike removes the possibilty of a building design as the cause. If the strike had been a result of lightning surging through the electrical system, then maybe I could see the possibility of an electrical grounding system failure or poor installation.

Employing the use of an personal grounding system (wrist band) would actually increase the possibility of this type of event happening. It would directly link the user to a grounding system rather than insulating them. This makes them more attractive.

Unless there is a local code requiring such, a lightning arresting system is not a requirement of any builiding codes or electrical codes I am aware of.

The OP needs to accept they merely have an "attractive" personality.

[rmet4nzkx]

They had had a previous lightening strike, so they knew they had a grounding problem which is very common. Very often a building requires a separate ground, for electrical, and telecom. Many buildings have plastic pipes which insulate or moisture barriers that compromise grounding. Technicians installing equipment are supposed to test the grounding before installing it is such a major problem. Ground straps are for ESD, not lightning. When I was in 5th grade we were on the second floor of a brick school house, on a warm rainy day the window was open and all of a sudden BOOM! lightening struck a vacant desk and left a black spot the size of a pea, smoldering, so it does happen.

[deadlock]

On April 1, 2005 I was struck by lightning at my employers while on the computer. Since this event, I have been hospitalized, through rehab twice, under numerious meds, etc. As expected, the workers comp carrier has declined the claim as an 'act of god'. In others researching for my behalf, they have provided a number of cases siting compensation paid for such an event outside of Illinois. The common thread appaers to be if I was under more risk at work than the normal person would have been at home as an example. I worked for a software company which has in excess of 200 pc's, large computer room, etc. Certainly one could ascertain that with this equipment, my potential for injury by lightning is heightened. Recently in Illinois a lightning case for a farmer received a settlement. I have retained an attorny and eventually the case will go to a review board. I am on disability and the odds of me returning to any type of work is about zero. My short term cognitive memory is lost and physical ailments prevent much movement. My question to those whom read this, are you aware of any events that can enhance my position and bring the workrs comp carrier to resolution. Thank you kindly for any advice.

How could WC deny your claim when it is supposed to be a "no fault" law. Meaning no matter if your fault, employer fault, or an act of God the insurance (either purchased by your company or your company is self-insured) must pay your wages while your are unable to work and pay cost of medical treatment for the injury that you sustained.

When you say you are on disability do you mean that your attorney is going to represent you at the Review Board and ask that your ongoing medical costs will be paid for as part of your settlement?