Elevator accidents are a common problem in New York City and worldwide. In a prior story, New York Daily News reported that eight people were killed in an elevator accident while they were on a construction elevator. The incident occurred when the elevator fell down from the 18th floor of a building which was under construction at the time of the tragic incident.
While this incident did not occur in New York City, similar incidents do happen far-too-often, especially in light of the building boom that has been going on in New York in recent months. Elevator accidents can occur both when a building is under construction and in other circumstances when an elevator has not been properly maintained or was not properly installed.
When elevator accidents happen, New York injury attorneys should be consulted to provide help to victims who sustain injuries and to family members after an elevator accident caused a fatality. An attorney can help victims to understand what options they have for recovering compensation for the harm that they have endured as a result of the incident on the elevator.
Elevator Accident Risks and Benefits After Elevator Accidents
When an elevator accident happens on the site of a construction project, generally an injured worker will not be able to file a civil personal injury lawsuit against an employer. Employers purchase workers’ compensation insurance for workers, and this insurance provides benefits when an injury happens. It is an exclusive-remedy system, so workers do not get to sue but must make a claim through this coverage.
While medical bills and wage losses are covered by workers compensation, workers’ comp coverage does not provide some of the benefits that would customarily be available in the event of a civil lawsuit for personal injury. Pain and suffering benefits would be available in a personal injury claim, as would loss of companionship benefits when an elevator accident results in a fatality. Such benefits are not available in workers’ comp cases through workers’ compensation insurance.
In some circumstances, however, injured workers may be able to sue a third party non-employer when an elevator accident occurs. For example, if the elevator was not properly installed or was not properly maintained by an elevator company, or if the elevator was not manufactured properly and there were defects that caused the accident to occur, the installer or manufacturer of the elevator could possibly be held accountable for negligence.
If an elevator accident occurs and affects someone outside of a work environment, the injured victims can often receive compensation from the property owner, as well as from the elevator manufacturer or others responsible for maintaining the elevator in a safe manner.
Rosenberg, Minc, Falkoff & Wolff can help victims to understand who could be held accountable and what types of benefits claims can be made. Because elevator accidents are so frequently fatal, family members of those who were killed also need to understand how to pursue wrongful death claims and workers’ compensation death benefits claims. Contacting an attorney as soon as possible is the best solution following an incident in an elevator.
