Our New York construction elevator accident lawyers are here to help any victim of such accidents at Gorayeb & Associates. New York City, known for its towering buildings, constantly witnesses the construction of new skyscrapers, leading to many accidents involving various construction tools.
One standard tool in these accidents is construction elevators, used to quickly and swiftly transport materials up and down. While these elevators enhance efficiency and save costs for construction companies, some neglect safety measures to boost productivity, endangering the lives of construction workers.
Suppose you or a loved one has been injured in a construction elevator accident. In that case, you have the right to seek compensation. Our construction elevator mishap attorneys in New York specialize in gathering evidence to prove negligence in court, ensuring that injured workers or their families receive various types of compensation to aid their recovery or cope with loss without financial worries.
If you've experienced such an accident, know you're not alone. At Gorayeb & Associates, our expert team is dedicated to seeking justice for you. Call our line or fill out our form for a free consultation. For construction accidents, win with Gorayeb & Associates!
Assembling, handling, and using construction elevators is a delicate task that requires a high level of both theoretical and technical expertise. Each elevator must be installed carefully and methodically to ensure its reliability. Therefore, those who use them must know what to do in emergencies.
Construction companies are legally responsible for providing all their workers with this training and supplying them with all the necessary protective equipment free of charge to prevent any incidents associated with installing, maintaining, and using work elevators.
If there is ever a lapse in safety protocols, it can undoubtedly lead to accidents, resulting in serious injuries. Because of this, the Occupational Safety and Health Administration (OSHA) has studied the reasons behind construction elevator accidents in order to prevent them.
Here are the top five causes of incidents at construction sites:
- Mechanical failures: Lack of elevator maintenance can lead to technical errors and accidents. One common failure involves the pulley system responsible for lifting the elevator. If there's an issue, the elevator cabin can fall, especially during installation, if parts are defective.
- Falls down the elevator shaft: This is the most fatal accident a construction elevator worker can experience. It happens when someone falls into the shaft meant for the elevator cabin, often due to equipment malfunction, door blockages, or slips. The severity of injuries depends on the fall height, sometimes resulting in fatalities in tall buildings.
- Getting trapped: Workers can become stuck in an elevator shaft when they enter to fix something, and someone accidentally operates the cabin, risking being crushed. Rescue efforts require technical expertise to avoid further harm. If unnoticed, the victim can suffer immediate asphyxiation.
- Wiring defects: Elevators rely on numerous cables, some of which are connected to power sources. Wiring issues can cause accidents such as tripping, slipping, and falling among workers or electric shocks, electrocution, or even fires.
- Uneven elevators: Elevators must be level with the floor at each stop, without gaps above or on the sides, for safe loading and unloading. However, if the elevator is uneven, workers can fall.
What Types of Injuries Can a Worker Suffer in a Construction Elevator Accident?
Workers can suffer a range of injuries in a construction elevator accident, including:
- Traumatic Brain Injuries (TBIs): These occur when the head suffers a sudden impact or penetrating injury, leading to damage to the brain. TBIs can range from mild concussions to severe brain damage, resulting in cognitive impairment, memory loss, and changes in behavior or mood.
- Spinal Cord Injuries: Damage to the spinal cord can cause partial or complete paralysis, depending on the severity and location of the injury. Spinal cord injuries often result in long-term physical disabilities and may require extensive rehabilitation.
- Fractures and Broken Bones: The impact force in an elevator accident can cause fractures or breaks in bones throughout the body, including the arms, legs, ribs, and skull. Severe fractures may require surgical intervention and prolonged recovery periods.
- Soft Tissue Injuries: These include damage to muscles, tendons, and ligaments, often resulting in sprains, strains, or tears. Soft tissue injuries can cause significant pain, swelling, and limited mobility, affecting the worker's ability to perform daily tasks.
- Crush Injuries: Workers may become trapped or pinned in the elevator machinery during an accident, leading to crushing injuries. These injuries can result in severe tissue damage, internal bleeding, and nerve damage, requiring immediate medical attention.
- Loss of Limbs: In catastrophic elevator accidents, workers may suffer traumatic amputations of limbs due to crushing or severe injuries. Losing a limb can have profound physical, emotional, and psychological consequences for the worker, necessitating long-term rehabilitation and prosthetic care.
- Burns: Elevator accidents involving electrical malfunctions or fires can cause burns ranging from mild to severe. Thermal burns result from contact with flames or hot surfaces, while electrical burns occur from exposure to electrical currents. Burns can cause pain, scarring, and permanent disfigurement, requiring extensive medical treatment and skin grafts.
- Internal Injuries: Blunt force trauma or crushing injuries in a construction elevator accident can cause damage to internal organs such as the lungs, liver, spleen, or kidneys. Internal injuries may not be immediately apparent but can lead to life-threatening complications if left untreated.
- Psychological Trauma: Witnessing or experiencing a traumatic elevator accident can lead to psychological conditions such as post-traumatic stress disorder (PTSD), anxiety, or depression. These mental health issues can significantly impact the worker's well-being and may require therapy or counseling for recovery.
- Fatal Injuries: In the most tragic cases, construction elevator accidents can result in the death of the worker. Fatal injuries may occur due to falls from height, crush injuries, electrocution, or other traumatic events. The loss of a loved one in a construction elevator accident can have devastating effects on the victim's family, who may seek legal recourse through wrongful death claims.
The severity of these injuries can vary depending on factors such as the height of the fall, the speed of the elevator, and the presence of safety measures. Workers need to receive immediate medical attention and legal assistance following a construction elevator accident to ensure they receive the necessary treatment and compensation for their injuries.
Are Workers in New York Protected by Law?
Indeed, they are. The Department of Labor of New York State issued Safe & Health Code Rules to protect employees from construction elevator accidents. This allows injured individuals to file a lawsuit against a third party whose negligence caused their injuries.
According to New York labor law, construction company owners must meet specific requirements to protect daily work:
- Providing Appropriate Protective Equipment: Employers should ensure workers can access and use appropriate protective equipment, such as hard hats, safety goggles, gloves, and steel-toed boots. This equipment helps to minimize the risk of injuries from falling objects, flying debris, and other hazards present on construction sites.
- Installing Safety Measures: Employers are responsible for implementing safety measures to prevent accidents on construction sites. This includes installing guardrails, safety nets, and fall arrest systems to protect workers from falls. Safety signs, warning lights, and barricades should also alert workers to potential hazards and prevent unauthorized access to dangerous areas.
- Offering Maintenance for Construction Tools: Regular maintenance of construction tools and equipment ensures proper functioning and safety. This includes inspecting machinery, repairing defects or malfunctions promptly, and conducting routine maintenance tasks according to manufacturer guidelines. Properly maintained tools are less likely to malfunction or cause accidents, reducing the risk of injuries to workers.
- Carrying Out Necessary Repairs on Operating Equipment: Employers must ensure that necessary repairs are carried out promptly if any construction equipment or machinery is found faulty or needs repair. This includes addressing issues such as malfunctioning elevators, incorrect wiring, or mechanical failures that could threaten worker safety. Failure to address such issues promptly can increase the likelihood of accidents and injuries on the construction site.
Suppose you're a victim of an incident caused by a construction elevator due to the negligent actions of a third party. In that case, our New York scaffold elevator accident attorneys will help you initiate legal proceedings to obtain fair compensation.
Elevator Accident Data in the United States
According to data from National Elevator Industry Inc., Elevator accidents make up a mere 0.00024 % of all elevators in operation in the US, underscoring the remarkable safety record of these devices despite their widespread use. This data serves as a significant reassurance regarding the safety and dependability of elevators, indicating that the likelihood of an accident is extremely low.
Furthermore, mechanical malfunctions account for 15.3 % of elevator mishaps, emphasizing the critical need for regular maintenance and proper upkeep of these systems. Recognizing the substantial role played by mechanical failures in elevator accidents is pivotal for refining safety protocols and implementing preventive measures to mitigate future incidents.
Plus, elevator door accidents constitute 9% of all injuries related to elevators, serving as a poignant reminder of the risks associated with elevator doors. This shows the critical importance of maintaining and operating elevator doors properly to prevent accidents while cautioning elevator users about potential dangers.
Fatalities among construction and maintenance crews account for over half of all elevator-related incidents, underscoring the hazards inherent in working with elevators and emphasizing the imperative for heightened caution and safety protocols during elevator maintenance and construction activities, as these pose a greater risk of fatalities. It also serves as a cautionary note for elevator industry workers and users to remain vigilant and take necessary precautions.
Finally, New York City reports an elevator accident rate of 48.2 incidents per 1,000 units, signaling the significant risk of elevator accidents within the city. This statistic underscores the pressing need to address elevator safety concerns in New York City, given the high reported incident rate.
Who Can Be Held Responsible for a Construction Elevator Accident?
In New York, several parties can potentially be held responsible for a construction elevator accident, depending on the incident's circumstances. These parties may include:
- Construction Company: The company overseeing the construction project may be liable if it fails to provide adequate safety measures, training, or equipment maintenance for the elevator.
- Equipment Manufacturer: If the accident resulted from a defect in the construction elevator equipment, the manufacturer or distributor of the equipment may be held liable under product liability laws.
- Engineers/Designers: If the accident occurred due to design flaws or engineering errors in the construction elevator system, the engineers or designers involved in the project may be held accountable.
- General Contractors: General contractors are responsible for overseeing the entire construction project. They coordinate subcontractors, manage schedules and budgets, obtain permits, and ensure work is completed according to specifications and regulations.
- Subcontractors: General contractors hire subcontractors to perform specific tasks or trades within the construction project. This could include electrical work, plumbing, carpentry, or HVAC installation. Subcontractors are typically specialists in their field and work under the direction of the general contractor.
- Building Owners: Building owners are individuals or entities that own the property where the construction project occurs. They may be responsible for hiring the general contractor, obtaining financing, and overseeing the overall development and management of the property.
- Tenants: Tenants are individuals or businesses that lease or rent space within a building or property. They may have specific requirements or concerns related to the construction work, such as access to their premises, noise mitigation, or safety measures.
- Managers/Administrators: Managers or administrators may be employed by the building owner or management company to oversee day-to-day operations, including construction projects. They may liaise between the building owner, tenants, and construction teams to ensure smooth communication and minimize disruptions.
- Elevator Manufacturers or Material Suppliers: These companies produce and supply elevators or materials used in elevator installation, such as cables, motors, or safety components. They may be responsible for ensuring that their products meet safety standards and are installed correctly.
- Supervisors: Supervisors oversee specific aspects of the construction project, such as safety, quality control, or scheduling. The general contractor or subcontractors may employ them and are responsible for ensuring that work is carried out efficiently and according to specifications.
- Co-workers: Co-workers are the individuals who work alongside each other on the construction site. They may be involved in various trades and tasks and are responsible for following safety protocols, communicating effectively, and collaborating to complete the project safely and efficiently.
Each of these parties plays a crucial role in the success and safety of a construction project. Effective communication, collaboration, and adherence to safety protocols are essential for ensuring that construction work is completed successfully and without incident.
What Happens If You Lose a Loved One in a Construction Elevator Accident?
Suppose a worker dies in an elevator accident in New York. In that case, the laws protect their families by allowing them to receive compensation benefits. Eligible family members who can file such claims include daughters, sons, mothers, fathers, or spouses.
When a loved one is lost, a family simply seeks justice and the ability to navigate through grief without financial worries. They don't have the motivation or energy to endure a long, complex, and tedious legal process. Due to this situation, insurance companies often take advantage to leave victims unprotected or pay them as little as possible.
That's why a law firm with proven experience in wrongful death claims must represent the interests of the victims. These cases often require a team of specialists to reconstruct the circumstances of the accident, such as Gorayeb & Associates.
What to Do in Case of a Construction Elevator Accident?
In the event of a construction elevator accident, it's crucial to take the following steps:
- Seek Medical Attention: The immediate priority is to ensure the safety and well-being of anyone injured in the accident. Call emergency services and seek medical attention for anyone who needs it.
- Report the Accident: Report the accident to your employer or the construction site supervisor immediately. Make sure an official record of the incident is created.
- Document the Scene: If possible, take photos or videos of the accident scene, including any visible injuries, the condition of the elevator, and any relevant surroundings.
- Gather Information: Collect contact information from any witnesses to the accident. Their statements may be valuable in determining the cause of the accident.
- Preserve evidence: Preserve any physical evidence related to the accident, such as damaged equipment or clothing. This evidence may be crucial if legal action is pursued later.
- Notify Authorities: Depending on the accident's severity, you may need to notify relevant authorities, such as the Occupational Safety and Health Administration (OSHA), especially if safety regulations were violated.
- Consult with an Attorney: If you or a loved one has been injured in a construction elevator accident, seeking legal advice from a qualified personal injury attorney is essential. They can help protect your rights, navigate insurance claims, and pursue compensation for your injuries and losses.
Remember that every situation is unique, and the appropriate actions may vary. It's essential to prioritize safety, seek medical attention, and consult with legal professionals to understand your options. Don't worry; our NYC construction site elevator injury lawyers are here and will help you out of this.
How Much Could Your Construction Elevator Accident Case Be Worth?
There isn't a specific compensation amount for an elevator accident. Each case is unique and depends on factors such as who is at fault and the severity of the injuries.
However, compensation benefits can be calculated based on the specific elements of these two categories:
- Reimburse all medical expenses incurred (medications, ambulance fees, intensive therapy hours, doctor or surgeon fees) and coverage of subsequent costs.
- Reimbursement for lost wages due to the victim's inability to work due to the accident.
- If applicable, full payment of funeral expenses and compensation schemes for family members who were financially dependent on the deceased person.
Includes compensation for psychological damages such as:
- Pain and Suffering: This encompasses both the physical discomfort and emotional distress experienced by the victim due to the accident, including fear, anxiety, and post-traumatic stress.
- Distress and Depression: Distress refers to the emotional anguish and anxiety experienced post-accident, while depression entails persistent feelings of sadness, hopelessness, and disinterest in daily life activities.
- Loss of Quality of Life and Time for Recreation with Loved Ones: This refers to the diminished enjoyment of life and reduced ability to engage in recreational activities and spend quality time with family and friends due to accident-related injuries, leading to feelings of isolation and frustration.
Can an Undocumented Worker Claim Compensation for a Construction Elevator Accident in New York?
Many victims of construction accidents receive threats from their employers or insurance company representatives, urging them to abandon their intentions to sue because their immigration status is unclear.
New York laws protect all workers regardless of immigration status. Therefore, if you or a loved one experienced a construction elevator accident, you can sue for negligence and receive compensation.
At Gorayeb & Associates, our construction site lift accident lawyers work to ensure justice in your case while guaranteeing the privacy of your data.
Time Frame to File a Compensation Claim for an Injury
After experiencing a construction elevator accident, the victim typically has three years to file a lawsuit under the New York statute of limitations decree.
However, it's best to immediately call construction elevator mishap attorneys in New York. Remember that the longer you wait to demand compensation, the harder it will be to prove negligence and win the case.
Why Is Hiring Gorayeb & Associates New York Construction Elevator Injury Attorneys Essential?
Our New York Construction Elevator Accident Lawyers will gladly assist you if you've experienced a construction elevator accident or lost a loved one in one. You're not alone. Contact us. Call our line now or request your free consultation by filling out this form. At Gorayeb & Associates, we work to ensure justice is served.
