Improperly Secured Elevator Grate Leads to $2 Million Settlement
An elevator repair technician in New Jersey who was injured in a fall at a repair site received $2 million as compensation for injuries sustained following the settlement of his lawsuit. The worker was injured when he stepped on a metal grate outside the elevator machine room on the roof of a six-story building. The metal grate had not been secured and flipped up on its end. The worker ended up falling onto the end of the grate. The fall led to numerous injuries to the worker’s shoulders, knees, and back. The worker was treated, attempted to return to work, but ultimately was unable to continue in his position.
Liability Assessed to Building Owner and NJ Employer
In the settlement, the owner of the building assumed responsibility for the majority of the amount paid to the worker, while the worker’s employer covered the remaining minor portion. In workers compensation claims, many times questions arise about the which individual or entity is most responsible for the injury suffered by the worker. In this situation, the parties to the settlement agreed that the building’s owner was most responsible for creating the situation that led to the worker’s injury.
Importance of Identifying the Parties in New Jersey
In any claim for compensation related to an injury, it is incredibly important that all parties that could bear some responsibility are identified and properly included in such a claim. The reasons are twofold: proper identification ensures that the party responsible for the injury is called to account, and it keeps other identified parties from seeking to avoid liability by pointing to an excluded party.
Additionally, identifying all responsible parties ensures that the injured worker has access to the largest funding pool possible. One of the biggest challenges in any injury claim is finding a funding source that will not be exhausted prior to full payment of an individual’s claim.
Importance of Egg Harbor Treatment Records
One of the most beneficial things in any work-related injury claim is an extensive treatment history. In this situation, the injured worker immediately sought care for his injuries, had his injuries fully diagnosed and properly connected to the event in question, and received proper medical treatment for them. Those treatment records allowed the worker’s attorney to present medical evidence outlining the severity of his injury and its long-term prognosis, as well as being able to clearly connect the injuries themselves to the accident at work. One of the biggest mistakes that individuals can make following an accident at work is failing to seek medical attention, giving the employer an opening to argue against the severity of an injury or its connection to the event in question.
Returning to Work Following Injury in Atlantic City, NJ?
In this case, the injured worker attempted to return to work following treatment of his injuries, but it quickly became apparent to the worker that he would be unable to continue in his position. Individuals that are injured at work very often try to return to work as soon as possible – most often because they need the continued income and cannot afford to lose time.
This is a double-edged sword, as returning to work but being unable to do the job can help a worker show his or her inability to continue in their position due to injury. It can also provide employers with an opportunity to argue that the individual’s injuries are not as bad as claimed or that the individual’s injuries did not result from the incident in question.
The Benefits of New Jersey Personal Injury Lawyers
Seeking and obtaining legal counsel as soon as possible following a workplace injury can provide the worker with valuable insight and direction as it relates to obtaining treatment and returning to work. It also provides the attorney with an opportunity to begin gathering evidence early on, which can ensure the strongest case possible. If you have been injured on the job, do not hesitate to seek legal counsel. You have every right to do so, and many times consultations are free. Do not allow loyalty to your employer lead you to believe you should work through the pain.
Contact an Atlantic City Personal Injury Lawyer to Discuss Your Elevator Accident Case in New Jersey
Did you or a loved one sustain serious injuries due to an elevator accident in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party, or their insurance company, to do the right thing. Right now, you need an aggressive personal injury attorney on your side and fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Christopher A. Brown, Attorneys at Law represent clients injured because of elevator accidents in Somers Point, Egg Harbor, Hamilton, Hammonton, and throughout New Jersey. Call (609) 344-8270 or email us to schedule a free consultation about your case. We have an office conveniently located at 3123 Atlantic Avenue, Suite 201, Atlantic City, NJ 08041.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.