Construction workers are the most vulnerable people for getting into accidents. They may face accidents on the road while performing an MOT plan, they can get injured by heavy machinery, and as it weren’t enough, they can also get injured in elevator accidents.
That’s a reason for creating several labor laws that protect construction workers when they suffer injuries. There are a series of rules and regulations for a safe working environment. However, not always they are followed by owners or main contractors for many reasons.
They may want to cut expenses, or they just simply ignore them by being negligent. Elevator accidents are rare and pretty serious; they can cause fatalities, in fact, there are approximately 50 people die in these accidents annually.
If you or any other member of your family has been involved in an elevator accident and got injured, you may be entitled to receive compensation for your damages. You should seek legal help to review your case and check out your options.
Getting in contact with a Bronx elevator accident lawyer from The Ward Law Group is primordial when you want to be compensated fairly.
Elevator Accident Trends in Construction Sites in the Bronx
In The Bronx, a terrible elevator accident occurred on May 19, 2021. One worker died and another was seriously injured when a freight elevator collapsed and fell multiple floors.
They were working on renovations for a 4-story mixed occupancy building. Representatives from the Department Of Buildings were present, and they mentioned that an investigation along with Construction Safety and Elevator Enforcement units will be conducting a thorough investigation of the events that led up to this incident.
There is an estimation that every year, there are nearly 10,000 elevator accidents and injuries nationwide. The positive news is that modern elevators are way better than old ones because they have safety features such as automatic brakes, sensors, and emergency stop buttons.
However, there are still reports of minor to severe injuries sustained by people.
OSHA Safety Regulations Regarding Elevators
The Occupational Safety and Health Administration has a regulation for elevators that must be followed to avoid accidents that may take lives. It is the “Safety and Health Regulations for Construction, 1926 Subpart N, Material hoists, personnel hoists, and elevators.”
Whenever there is an accident, investigators may need to take note of the facts and check if these regulations were met while figuring out what caused the accident.
NYC Regulations
In the vibrant landscape of New York City, elevators play a crucial role in daily life. To ensure safety and proper functioning, the Department of Buildings (DOB) is at the forefront of enforcing essential rules and regulations concerning elevator inspections, maintenance, and more.
These guidelines are particularly vital for individuals and groups responsible for elevator devices, ranging from property owners and building maintenance teams to landlords and contractors on construction sites.
Following these rules is not just important—it's a legal requirement that helps prevent accidents caused by negligence.
Regular Inspections: A Must
Elevators across all five city boroughs are subject to thorough inspections twice a year, a crucial measure to identify and address potential issues. What's notable is that these inspections are unannounced, catching building owners by surprise.
This element of surprise ensures that the inspection truly reflects the elevator's condition and performance.
Maintenance Matters: Maintenance Contracts and Logs
Maintenance is a cornerstone for building owners, or at least it should be. An active maintenance contract with an approved elevator agency is a necessity. This agency takes charge of repairs, maintenance, and replacements.
According to the NYC Construction Code, the maintenance contract should include a Maintenance Control Program (MCP) that aligns with the elevator manufacturer's specified maintenance protocol.
Furthermore, meticulous record-keeping is paramount. Building owners must maintain a detailed maintenance log, documenting all maintenance endeavors undertaken for the elevators.
Residents' Rights and Notices
In dwellings housing multiple units, residents' rights are a key consideration. Elevator maintenance work requires advance notice of at least ten days to residents.
This notice offers transparency, detailing the maintenance work scheduled for the elevators. Also, it's important to highlight that any maintenance work mandates acquiring proper permits.
Consequences of Negligence: Violations and Accountability
The DOB's Guide emphasizes the most common violation: failure to maintain elevators. These violations emerge when defects are detected during testing.
Should an owner receive such a violation, they're granted a span of 10 business days to rectify the identified issue, lest they face the prospect of a criminal court summons.
It's a crucial reminder that neglecting to address an acknowledged issue falls into an act of negligence, bearing accountability for the safety of elevator users.
Elevators weave an essential thread into the urban fabric of New York City. Upholding the stipulated regulations isn't merely a formality; it's a shared commitment to the safety and well-being of all those who rely on elevators daily.
Role of a Lawyer in Elevator Accident Cases
When it comes to the intricacies of elevator accidents at construction sites in the Bronx, the role of a proficient personal injury lawyer becomes pivotal.
These legal experts specialize in providing comprehensive assistance to victims who have suffered injuries and damages due to elevator mishaps.
Their expertise extends to a range of specific legal services tailored to ensure victims receive the compensation they deserve.
A well-versed elevator accident attorney possesses a deep understanding of New York personal injury laws, particularly those relevant to construction site incidents. Their expertise enables them to assess the unique circumstances of each case, identifying liable parties and building a compelling case on behalf of the victim.
One of the initial steps a lawyer takes is to conduct a thorough evaluation of the case. This involves collecting evidence, reviewing medical records, interviewing witnesses, and examining the construction site's safety protocols.
Elevator accident cases may require collaboration with various experts, such as engineers, construction site safety specialists, and medical professionals. Your elevator accident lawyer from The Ward Law Group has a network of experts they can consult to bolster the case.
Compensation For Elevator Accidents In The Bronx.
Construction workers have two ways to get compensation for their losses during an accident.
Filing a workers’ comp claim
Any worker, mainly in the construction industry, should have workers' compensation insurance provided by their employer. This coverage is for workers who get injured in their daily tasks.
The main benefit is that they can file a claim without proving that anyone was at fault. Employees must inform their supervisor of the incident within 30 days. Afterward, they can proceed to submit the claim along with all the required documents to receive compensation.
They can get money to pay their medical bills, transportation regarding medical appointments and treatments, a percentage of their lost wages when they could not work, and even disability.
This insurance waived their right to file a personal injury lawsuit directly to their employers. This insurance commonly does not compensate for non-economic damages such as pain and suffering and other related damages.
Filing a lawsuit against a third party
The fact that a worker can’t file a personal injury to their employer does not limit the injured worker to seek compensation from any other third party who may have been implicated in some way with the accident.
There must be an investigation, though. A Bronx elevator accident lawyer can help you to determine who else should be implicated with your accident, and therefore, that person or entity should be called for paying compensation.
Bronx Elevator Accident Lawyers
The Ward Law Group P.L. will assist you with your elevator accident case. We have experienced and respected attorneys who can review your case and build a solid argument to win fair compensation for your damages.
We understand how frustrating this situation can be. Therefore, we are committed to working on your side by facilitating anything you need to know and communicating it simply in your preferred language.
The Ward Law Group has been servicing the Hispanic community in The Bronx, NY because we know how disadvantageous it can be to deal with these kinds of cases when someone does not fully understand what is happening and suffering pain from injuries.
You can call us to ask any questions you may have at 855-DOLOR-55, and remember that we won’t charge you anything until we win fair compensation for you and your family.