Elevators and escalators account for as many as 30 deaths and 17,000 injuries across the U.S. each year, with elevators causing almost 90% of those deaths. Unfortunately, construction workers who work on or use elevators to access construction sites may be at a higher risk of accidents due to frequent use of this equipment.
Who is liable for an elevator accident on a construction site, and how much compensation can you seek? An experienced elevator accident lawyer answers these questions and more.
Common Elevator Accidents and Injuries on Construction Sites
When elevators work as intended, they safely carry occupants to different floors of a multi-story building or hoist construction workers to varying levels of a construction site. But even minor malfunctions can lead to catastrophic injuries.
These are a few prevalent elevator accidents and injuries that occur on construction sites:
- Falling into an empty elevator shaft
- Mechanical failure of the elevator, causing a collapse or fall
- Being struck by a falling elevator or other materials
- Experiencing electric shock or burn injuries after an electrical malfunction
- Becoming trapped between elevator doors or inside a malfunctioning elevator
Anyone using elevators could be at risk of these injuries, but construction workers face a higher risk. They work on and around elevators when they may not be in proper working order. They also use makeshift elevators and hoists to reach higher levels of construction sites, which may not meet the same safety standards as elevators in typical buildings.
If you suffered injuries in an elevator accident on a construction site, consult New York’s experienced construction accident lawyer. They can help determine whether you may qualify for compensation and, if so, how to pursue it.
Who Is Liable for an Elevator Accident on a Construction Site?
Identifying the liable party in an elevator accident is the first step in seeking compensation. If someone’s negligence led to the elevator malfunction, you may be able to hold them directly liable for the accident. Either way, if the accident happened at work, you’ll likely qualify for workers’ compensation.
A few different parties — or a combination of several parties — may be responsible for an elevator accident on a construction site:
- Construction manager: The construction site manager may be liable if they failed to maintain safe working conditions or violated OSHA regulations for elevator safety, causing the accident.
- Elevator manufacturer: Perhaps the elevator manufacturer or its equipment included a faulty part, leading to the accident.
- Architects and engineers: If an architect or engineer designed or constructed a makeshift elevator on a construction site, a flaw in the design may have led to the accident, leaving them liable.
- Construction worker: One of your coworkers may have acted recklessly around the elevator or otherwise caused the accident.
- Elevator inspector: If someone was supposed to perform inspections and maintenance on the elevator yet failed to do so, they could be liable for the accident.
Your elevator accident lawyer can help you determine the liable party or parties. They can evaluate the circumstances of the accident and gather evidence to show that one or more parties were responsible.
Pursuing Compensation After an Elevator Accident
Once you know who (if anyone) was responsible for your elevator accident, you may proceed with seeking compensation. Compensation can cover your medical bills and time off work while you recover. In some cases, it could also cover pain and suffering and emotional distress, among other non-economic damages.
Below are three common legal routes one might take after an elevator accident. Your Bronx construction accident lawyer will guide you through the entire process and work hard in pursuit of fair compensation.
Workers’ Compensation
If your elevator accident happened while you were performing your job duties, you could likely seek compensation through a workers’ compensation claim. New York requires all businesses to offer workers’ compensation benefits, which means your employer likely carries this insurance coverage.
As a no-fault system, workers’ compensation benefits are available to any employee who experiences an injury while performing their job duties, regardless of who was at fault. However, claiming workers’ compensation typically bars you from holding your employer directly liable for the accident, making it all the more crucial to determine liability.
New Yorkers file over 130,000 workplace injury claims each year, with construction being one of the industries with more claims than any other. Your elevator lawyer can help you determine whether to file for workers’ compensation or pursue funds in another way.
Liability Claim
If your employer or another party acted negligently, causing your elevator accident, you might consider filing a personal injury claim against their liability insurance. Many businesses carry liability insurance to protect them against legal claims that would drain their finances. This type of insurance is separate from workers’ compensation insurance.
If the liable party has the proper insurance coverage, you may be able to secure more compensation than you could through a workers’ comp claim. In that case, you and your attorney would need to prove that the party’s negligence caused the accident.
Construction Accident Lawsuit
After a severe elevator accident that leaves you with serious, expensive injuries, you may have grounds to file a construction accident lawsuit. Taking legal action against the at-fault party could allow you to claim both economic and non-economic damages, covering all of the following expenses:
- Medical bills
- Time off work
- Loss of future earning capacity
- Pain and suffering
- Emotional distress
- Loss of quality of life
If the defendant acted recklessly at the time of the accident — such as if a coworker was horsing around and inadvertently pushed you into an elevator shaft — you may also qualify for punitive damages. These would come directly from their bank account to punish their wrongful behavior.
Contact a Bronx Construction Accident Lawyer Today
Was another party potentially liable for your construction elevator accident? If so, an elevator accident lawyer from Dervishi Law Group, P.C. can help you seek compensation.
We have helped numerous accident victims across the greater NYC area pursue third-party liability claims and construction accident lawsuits. We can take the responsibility of pursuing compensation off your shoulders while you focus on your recovery.
Call us today at 718-484-4757 or fill out our contact form for a free case evaluation.
Frequently Asked Questions
How common are elevator accidents?
Elevator accidents are more common than many people think, leading to about 30 deaths a year and thousands of injuries. These incidents happen both on construction sites and in commercial buildings.
Do elevator accidents fall under personal injury claims?
Elevator accidents often qualify for personal injury claims. A personal injury claim must meet four basic criteria:
- The defendant owed you a duty of care.
- The defendant breached their duty of care.
- An accident occurred.
- You suffered injuries in the accident.
If you and your construction accident lawyer can gather evidence for all four criteria, you may have grounds for a personal injury claim or lawsuit. Otherwise, it may make more sense to file for workers’ compensation.
Why do elevator accidents happen on construction sites?
Elevator accidents on construction sites are often due to malfunctions, safety measures being turned off during maintenance, or the site not following OSHA regulations.
Should you hire an elevator accident lawyer?
You should hire an elevator accident lawyer to help you seek compensation. Your attorney can guide you through the insurance claim or legal process and communicate with all parties on your behalf. They can negotiate a higher offer from the insurance company and represent you in court if necessary.
