Construction workers are the most vulnerable people to getting into accidents. They may face accidents on the road while performing an MOT plan, they can get injured by heavy machinery, and if that 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, owners or main contractors do not always follow them for many reasons.
They may want to cut expenses or 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 a family member has been injured in an elevator accident, you may be entitled to compensation for your damages. You should seek legal help to review your case and determine your options.
Contacting an 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 construction 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, would be conducted to thoroughly investigate the events that led up to this incident.
It is estimated that every year, there are nearly 10,000 elevator accidents and injuries nationwide. Modern elevators are safer than old ones because they have 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
OSHA has rules for elevators to prevent accidents and save lives. It is the “Safety and Health Regulations for Construction, 1926 Subpart N, Material hoists, personnel hoists, and elevators.”
When an accident occurs, investigators must record the facts and ensure regulations are followed to determine the cause.
NYC Regulations
Elevators play a crucial role in the vibrant landscape of New York City. To ensure safety and proper functioning, the Department of Buildings (DOB) enforces 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 only important but also 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 yearly, a crucial measure to identify and address potential issues. Notably, these inspections are unannounced, catching building owners by surprise.
This surprise ensures that the inspection 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 maintenance work requires 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 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 New York City's urban fabric. 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 help people hurt or damage things due to elevator accidents.
Their expertise extends to specific legal services tailored to ensure victims receive the compensation they deserve.
An experienced construction accident lawyer who knows a lot about elevator accidents and New York personal injury laws, especially for construction site incidents. They are experts who can understand each case, find who is responsible, and create a strong argument for 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 submit the claim and all the required documents for compensation.
They can receive money for medical bills, transportation to medical appointments, lost wages when unable to work, and disability support.
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 claim against their employer does not limit the injured worker's ability to seek compensation from any other third party who may have been implicated in the accident.
There must be an investigation, though. A lawyer in the Bronx can help you find out who is responsible for your elevator accident. They can also assist you in seeking compensation from those individuals.
Bronx Elevator Accident Lawyers
The Ward Law Group 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. We promise to help you by providing information and communicating it clearly in your preferred language.
The Ward Law Group helps the Hispanic community in The Bronx, NY. We understand the difficulties of dealing with these cases when someone doesn't fully understand and is in pain from injuries.
Call us for a free consultation at 855-DOLOR-55. We only charge if we win fair compensation for you and your family.