Elevators are an essential building service to many people in Yonkers, New York. It is known that there are thousands of injured people in elevator accidents nationally every year.
It is imperative to note that modern elevators are now designed with safety features such as automatic brakes, sensors, and emergency stop buttons.
However, they still pose a significant risk when neglected and don’t receive proper maintenance.
At construction sites, the main goal is to build a multiple-level building. An elevator is required to carry workers and materials to the superior levels. Elevators are not automatic in these cases, as many of us have seen in luxury buildings.
These elevators are temporary lifting apparatuses designed for the vertical transportation of materials and sometimes workers within a construction site.
It is also known as a construction hoist or construction elevator. Unlike the elevators commonly found in high buildings, which are permanent fixtures, manual construction elevators are temporary structures used during the construction phase of a building.
They are usually assembled on site and are often made of sturdy materials like steel. They consist of a cage or platform that moves up and down along vertical tracks. The operation is often manually controlled by a worker on board.
Safety features may be more basic compared to standard elevators. They might include manual brakes, emergency stop mechanisms, and safety railings. We understand these elevators are more prone to accidents than standard passenger elevators.
If you or a loved one got injured in an elevator accident, you may be entitled to receive compensation for your damages. Remember that you are protected by New York labor law as a worker.
Seeking help from an experienced elevator accident lawyer is a wise decision. These cases tend to get complicated with multiple people involved, and the victim must know all they are entitled to receive.
Types of Injuries in Elevator Accidents
Elevator accidents at construction sites can lead to various injuries, varying in severity and impacting the victim's well-being. Understanding these potential injuries is crucial in ensuring victims receive the appropriate legal support and medical care they deserve.
1. Traumatic Injuries
Traumatic injuries are among the most common outcomes of elevator accidents. These injuries encompass a wide range of physical harm, including fractures, lacerations, and head injuries. Due to the force involved in such accidents, bones can break, leading to long-term complications if not treated promptly.
2. Soft Tissue Injuries
Soft tissue injuries involve damage to muscles, ligaments, and tendons. These injuries may not always be immediately apparent and can manifest over time, causing chronic pain and mobility issues. Sprains, strains, and contusions fall under this category, and their impact on a victim's ability to work and lead a normal life can be significant.
3. Spinal Cord Injuries
Elevator accidents can result in severe spinal cord injuries, which can have life-altering consequences. Depending on the location and extent of the damage, victims may face paralysis, loss of sensation, or impaired motor function. Rehabilitation and ongoing care are often necessary for those affected by spinal cord injuries.
4. Head and Brain Injuries
Head injuries, including concussions and traumatic brain injuries (TBIs), are a critical concern in elevator accidents. Even seemingly minor head trauma can lead to cognitive impairment, memory problems, and changes in behavior. These injuries may not be immediately apparent, underscoring the importance of thorough medical evaluation after an accident.
5. Crush Injuries
In certain situations, individuals involved in elevator accidents may sustain crush injuries, particularly if caught between moving parts or heavy objects. These injuries can be devastating, potentially leading to fractures, internal organ damage, and even limb amputation. Immediate medical attention is paramount in such cases.
6. Psychological Trauma
Beyond physical injuries, elevator accidents can leave lasting emotional and psychological scars. Victims may experience post-traumatic stress disorder (PTSD), anxiety, or depression, impacting their overall quality of life and ability to return to work.
Whenever there is an injury, victims should always have a record of their medical bills and receipts. That will help them in the future when they seek fair compensation. Our elevator accident attorneys in Yonkers can be a great help to you in those moments of need.
You may be dealing with extreme pain and should only focus on rest. The Ward Law Group can assist you with the legal part.
Liability in a Construction Elevator Accident
Determining liability in a construction elevator accident is a crucial step in seeking justice for injured parties. An experienced elevator accident lawyer plays a pivotal role in this process, advocating for the rights of victims and navigating the complexities of New York law.
In many elevator accidents, negligence is a key factor. This means that one or more parties involved failed to exercise the level of care and caution required in a construction setting. It could be the building owner, contractor, manufacturer, or even a fellow worker. Proving negligence is central to establishing liability and holding the responsible parties accountable.
Laws Protecting Construction Workers
New York State Labor Laws provide critical protections for construction workers. Sections 200, 240, and 241 impose specific obligations on property owners, contractors, and employers to maintain safe working conditions.
Labor Law Section 240, also known as the "Scaffold Law," is particularly relevant in elevator accidents. It places strict liability on property owners and contractors for gravity-related accidents, including falls from elevators.
Duty of Care and Maintenance
Property owners and contractors have a duty of care to ensure that construction elevators are properly maintained, inspected, and in safe working condition. This includes regular checks for defects, malfunctions, and compliance with industry standards. Failure to uphold this duty can result in serious accidents and injuries.
In some cases, elevator accidents may be attributed to faulty equipment or manufacturing defects. Manufacturers have a responsibility to produce elevators that meet safety standards and are free from defects. If an accident occurs due to a design flaw or manufacturing error, the manufacturer may be held liable for resulting injuries.
Worker's Compensation and Third-Party Claims
While worker's compensation provides essential benefits to injured workers, it may not cover the full extent of damages. In cases of negligence or third-party liability, an elevator accident lawyer can pursue additional claims against parties beyond the employer, such as property owners, contractors, or equipment manufacturers.
Expert Legal Guidance
Navigating the legal intricacies of elevator accidents in construction sites requires the expertise of a seasoned personal injury attorney. They possess a deep understanding of New York laws, including relevant labor statutes, and can leverage this knowledge to build a strong case for their clients.
File A Claim For An Elevator Accident In Yonkers
Understanding Statute of Limitations
In New York, the statute of limitations for filing a personal injury claim, including elevator accidents at construction sites, is a critical consideration. Generally, you have three years from the date of the incident to initiate legal proceedings.
However, it is crucial to act promptly, as delays can jeopardize your ability to seek compensation. Consulting an experienced elevator accident attorney promptly is advisable to ensure compliance with this time frame.
Besides, if you are working for a government entity, you may have less than three years, and you must send a notification with your intentions to file a claim within 90 days after your accident.
Damages Based on Severity
The damages recoverable in an elevator accident case depend on the severity of the injuries sustained. They may encompass medical expenses, including current and future treatments, rehabilitation costs, and even potential long-term care.
Additionally, victims may be entitled to compensation for lost wages, both current and future, if the injuries lead to a diminished earning capacity. Pain and suffering, emotional distress, and loss of quality of life are also factors considered when determining the appropriate compensation.
Remember that you can always file a worker’s comp claim, and you should receive compensation without having to prove someone was negligent. You, as a worker, are entitled to insurance coverage.
That coverage tends to fall short when there are serious injuries involved, so you can seek other means to seek extra compensation from the other options you have.
Expertise of an Elevator Accident Attorney
Given the complexities of New York law and the nuances of personal injury cases, enlisting the expertise of an elevator accident attorney is paramount. They possess specialized knowledge in this field and are well-versed in the statutes and regulations governing elevator accidents in Yonkers.
An experienced attorney can guide you through the legal process, ensure all necessary documents are filed, and advocate vigorously for your rights.
Elevator accidents often require a thorough investigation to establish liability. An attorney with experience in this area will have access to resources and experts who can analyze the accident's circumstances.
This may include evaluating maintenance records, inspecting the elevator equipment, and interviewing witnesses. Such meticulous examination is essential in building a solid case.
Advocacy for Just Compensation
An elevator accident attorney's primary goal is to secure just compensation for their clients. They will work diligently to gather evidence, negotiate with insurers and opposing parties, and, if necessary, litigate in court.
Their expertise ensures that you have a dedicated advocate fighting for your rights and maximizing the potential recovery for your injuries.
Find An Elevator Accident Lawyer at The Ward Law Group
We understand how frustrating and complex an elevator accident can be. The Ward Law Group is at your disposition to take legal steps against the negligent individuals or entities involved in your work accident.
Our Yonkers elevator accident lawyers are real experts in the matter. With over 25 years of experience dealing with negotiations and lawsuits, you can rely on our work to bring justice to you and ensure you are treated fairly.
We have won multimillion-dollar settlements on behalf of our clients, and we show a serious commitment to every single client we have. We speak your language, explain procedures in a simple way, and take care of everything related to the legal process.
Don’t hesitate to contact us at 855-DOLOR-55 for a free consultation of your case.