Elevator and Escalator Accidents
Although elevators and escalators aid in the functioning of workplaces, they pose a serious risk to employees as well as workers who are responsible for maintaining and repairing them. At the Knie & Shealy Law Offices, our Greenville and Spartanburg elevator accident attorney has handled many claims on behalf of injured workers throughout South Carolina. We understand how stressful this time may be for your family and you, especially if this is your first experience navigating the workers’ compensation system. Work injury lawyer Patrick E. Knie can assist you with seeking compensation if you have been hurt on the job in an accident involving an elevator or escalator.Common Causes of Elevator and Escalator Accidents
There are many ways that a worker may suffer injuries when working on or near an escalator or elevator. First, if the elevator’s pulley system is not maintained properly, the elevator may suddenly drop and even trap anyone located underneath it. If a worker is operating near an open elevator shaft, they might fall and sustain serious injuries, especially if it is a long distance. Escalators are also dangerous if they suffer from a defect or inadequate maintenance, and they move suddenly without warning, causing anyone on the escalator to topple forward or backward. Both elevators and escalators also pose dangers when they suffer from faulty wiring, inadequate maintenance, or servicing by untrained or inexperienced personnel. Finally, if an elevator or escalator suffers from a design defect, serious harm may befall people who use it.File a Claim to Protect Your Right to Workers’ Compensation Benefits
The first steps in pursuing compensation after a work-related accident are to seek prompt medical treatment and to notify your employer immediately. The employer will then file a claim with its workers’ compensation insurance carrier. According to South Carolina law, each employer must maintain some form of workers’ compensation insurance. The workers’ compensation system is considered an exclusive remedy, providing injured workers with benefits instead of allowing employees to bring civil claims against their employers, except for some very narrow exceptions. However, it is still possible to file a personal injury claim against a third party other than an employer or co-worker in addition to seeking workers’ compensation benefits. This might be appropriate if an office worker was hurt in an elevator accident because the elevator was defectively designed by its manufacturer, for example. An elevator accident lawyer can guide Spartanburg or Greenville residents through this process.
The insurer will typically arrange for the worker to undergo a medical examination conducted by a physician of the insurer’s choosing. During this examination, the physician will assess the scope and the likely duration of the condition and its impact on the employee’s ability to work. These assessments will assist in determining the type of benefits that the worker is entitled to receive based on the accident.
As part of the benefits award, the employee is also entitled to receive compensation for reasonable medical treatment that will assist in recuperating or addressing the injury, including examination fees, medications, physical therapy, and reimbursement for travel to and from appointments. The benefit payments will cease at the time that the physician concludes that the worker is physically capable of returning to work. During the benefits period, however, the employee is expected to accept any light work assignments that the employer offers and that the physician approves. Otherwise, their benefit payments may be suspended.Retain a Seasoned Elevator Accident Attorney in Greenville or Spartanburg
If you have suffered an injury involving an escalator or elevator, dedicated workers’ compensation attorney Patrick E. Knie is prepared to assist you. The last thing that you should need to address during this stressful time is navigating the legal process on your own. Serving clients throughout Laurens, Cherokee, and Union Counties, we offer a free consultation to discuss your situation and how we may be able to assist you. Call us now at (864) 582-5118 or contact us online to set up a free consultation with a Spartanburg or Greenville elevator accident lawyer.