Elevators and escalators are an integral part of many construction projects. But if proper safety measures are not followed, these mechanisms can pose serious risks to workers. Critically, many accidents that arise involving elevators and escalators could have been prevented with adequate safety barriers or guarding, proper fall protection equipment, and thorough training. If you are a construction worker who suffered an elevator or escalator accident on a job site, you may be entitled to pursue a personal injury action against a negligent third-party.
Common Causes of Elevator and Escalator Accidents on Construction Sites
The risk of elevator and escalator accidents on construction sites is significant. They can occur during installation, when workers conduct tasks near open elevator shafts or get caught in between escalator machinery. These types of accidents can also arise during routine maintenance due to being struck by an elevator car. In addition, workers may fall through elevator shafts or escalator pits due to inadequate guardrails — or when proper safety gear is not provided.
Other common causes of elevator and escalator accidents on construction sites can include the following:
- Improper installation
- Misalignment of components
- Unsecured platforms
- Malfunctioning or defective mechanisms
- Inadequate guardrails
- Lack of fall protection
- Unprotected openings
- Sudden halts
- Improper training
- Electrical hazards
Elevator and escalator accidents can lead to numerous injuries, including broken bones, nerve damage, amputation, traumatic brain injury, paralysis, and fatality. These types of injuries are often life-altering and involve considerable medical treatment. Additionally, a worker might have to take time from their job while they recover — in some instances, they may be permanently disabled because of their injuries. By filing a personal injury lawsuit for the damages they suffered, a worker may be entitled to recover both their economic and non-economic losses.
Filing a Personal Injury Action for a Construction Elevator or Escalator Accident
A construction worker injured in an elevator or escalator accident while on the job is typically eligible to receive Workers’ Compensation benefits. However, these benefits do not cover the full extent of a worker’s monetary losses — they also do not compensate for the physical pain and emotional anguish a worker may have suffered. Although a worker cannot sue their employer for a job-related accident because of New York’s Workers’ Compensation laws, they may still file a personal injury lawsuit against a negligent third party on the construction site.
Recoverable damages in a construction elevator or escalator accident can include compensation for the following:
- Unreimbursed medical expenses
- Lost wages
- Future lost earnings
- Out-of-pocket costs
- Pain and suffering
- Mental anguish
- Emotional distress
- Loss of enjoyment of life
Punitive damages may also be available in cases where the defendant’s actions were particularly egregious. These damages are meant to punish the defendant and deter others from engaging in similar conduct.
Third parties who may be held liable for a construction elevator or escalator accident can include contractors, subcontractors, architects, engineers, or property owners. If the accident was caused by defective machinery or faulty equipment, the manufacturer might be held accountable. Similarly, if the accident resulted from improper installation or lack of maintenance, the installation company may be to blame. It’s crucial to have a skilled construction accident attorney by your side who knows how to investigate a claim, determine liability, and recover the maximum monetary recovery to which you’re entitled.
Contact an Experienced New York Personal Injury Attorney
If you were hurt or lost a loved one in an elevator or escalator accident during a construction project, a knowledgeable personal injury lawyer can assist you with obtaining the compensation you deserve. Due to our experience, skill, and proficiency, The Edelsteins, Faegenburg & Brown, LLP regularly secures substantial settlements and jury verdicts for injured construction workers. Located in Manhattan, our firm has been handling personal injury matters throughout New York City since 1937. Call to schedule a free consultation at (212) 425-1999 today.