Injured While Working On An Elevator

The combination of mechanical and electronic components needed for today’s elevators to function correctly is very complex. As a service tech for elevators, you could face many issues that require your attention inside the elevator, outside the elevator car, or near the components that are mounted inside the elevator shaft. This wide array of issues means that you could suffer an injury due to almost countless incidents or accidents that include

• Falling objects inside the elevator shaft
• Electrical shock from the wiring
• Burns from an overheated motor or other component that is heated by friction
• Crushing injuries if the unit is not traveling smoothly on the cables
• Injuries if the elevator suddenly lurches or stops when you are inside or outside the car, inspecting the function of the unit

Sadly, most people think of an elevator as a very safe means of transportation and relatively simple to use or operate. But the reality is these are very complex machines that require skill and knowledge to service and repair safely. And even then, the most careful person can suffer an injury because of a part failure or other issue with the elevator. When the worst happens, it is not uncommon for an elevator service person to suffer one or more of these very severe injuries on the job:

• Severe lacerations or puncture wounds that involve damage to internal organs or internal bleeding
• Crushing or compression injuries
• Complete joint dislocations or the destruction of the soft connective tissue of the joints
• Back, neck, or spinal cord damage
• Fractured, broken, or shattered bones
• Compound fractures
• Electrical shock or electrocution
• Severe multilayer contact burns
• Damage to the delicate skin on the face or to the eyes, ears, nose, or mouth
• Head injuries can range from a severe concussion or skull fracture to more serious issues, such as a brain bleed or other traumatic brain injuries

When you get hurt on the job in California, you are fortunate to have coverage in the country’s most robust compensation program to help you cover the cost of your medical care and other expenses caused by a workplace injury. All employers in the state are legally obligated to cover the cost of enrolling all workers in the program. So, all you need to do is contact the program after suffering an injury while on the job to get the following benefits that will be provided as needed:

• Complete coverage of all medical expenses related to the workplace injuries with a total paid per injury incident of up to $1,000,000
• Worker’s comp will pay an injured worker up to 66% of their regular weekly income if they are unable to work until they are fully recovered from a workplace injury
• The program will provide partial or temporary disability compensation if the workplace injury caused you to sustain a decreased earning potential
• When the injuries suffered on the job result in harm that will prevent the employee from ever being capable of returning to their job, the program will provide free vocational training to prepare the injury victim to seek a new career once they are fully healed

Some workplace injury victims want to know if they can sue their employer for added compensation beyond the benefits provided by worker’s comp. In most cases, the answer is no. The worker’s comp program was created to help a worker who suffered injuries on the job to cover their medical care costs and other expenses. However, it was also intended to protect employers from the cost and time required to address personal injury lawsuits filed by workers who were hurt while at work. These cases cost a great deal of time and money and can cause many challenges for business owners, particularly those with small businesses.

The worker’s comp program only allows victims of a workplace injury to seek added compensation from their employer after a workplace injury that was deemed to have involved gross negligence on the part of the employer. For example, if the employer refuses to repair or replace a tool that the workers must use, it is not a safety hazard for the employees. This is a known safety concern, and the employer has shown complete disregard for the safety of the employees by requiring them to use a tool that is known to be unsafe. That could be considered gross negligence on the part of the employer, and any worker who gets hurt while using the implement could have grounds to file a personal injury lawsuit against their employer due to that fact.

If you are opening a claim with the worker’s comp program, you must contact the staff and have your claim opened within 30 days of your injury incident. The time limit is strictly enforced. If you wait longer than 30 days to open the claim, in most cases, the request will be immediately denied, and you will not be eligible for the benefits you could have gotten had you opened the claim within the allotted time.

If your workplace injury incident was caused partially or wholly by gross negligence on the part of your employer, you have two years from the date of the injury incident to file your personal injury lawsuit with the court. This is the standard time limit to file a personal injury lawsuit, and this span is also strictly enforced. After the two years have passed, you will no longer have the legal right to pursue a personal injury lawsuit to seek compensation for your losses and expenses caused by that incident. In addition, once the time limit expires, there are very few exceptions that would provide the victim with added time to take legal action.

When you work with DTLA Law Group, you never need to worry about the cost of exceptional legal services. Our firm is dedicated to providing the highest level of attention and care to each client. The initial consultation is always free and our firm pledges to handle any case with legal merit and never require any out of pocket payment from our client. Instead, we only get paid after the matter is resolved and our client has the compensation that includes funds to cover their legal costs and other expenses. In addition, if your DTLA Law Group elevator injury lawyer fails to win your case and deliver the compensation you need for your expenses and other costs, you owe the firm nothing for the time or monetary investment made in preparing, filing, and litigating your lawsuit. Please make time to reach out to the caring and dedicated team at DTLA Law Group today to learn more about the resources and help available to you from our firm, the legal system and the California worker’s compensation program.

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How Much Can I Get for Psychological Trauma from being Trapped in an Elevator