Legal Options After an Elevator Accident at Work

Injured workers are usually entitled to workers’ compensation benefits. As outlined below, these benefits usually replace lost wages and pay reasonably necessary medical bills. Some work accident victims can sue outside the system and obtain additional compensation for noneconomic losses, such as pain and suffering. More on these things below.

Job injury victims need all the benefits they can get in order to return to work and support their families. So, a Carlsbad personal injury lawyer diligently reviews these cases to determine all possible legal options. Then, quite simply, lawyers plan their work and work their plans. This approach usually produces a favorable out-of-court settlement that achieves the aforementioned result (getting back to work quickly) which, ultimately, is what everyone wants.

Workers’ Compensation and Elevator Accidents

The high rate of job-related illnesses and injuries in the early 20th century led to the creation of the state-run workers’ compensation system. As part of this system, workers are entitled to no-fault benefits that pay:

• Lost Wages: When elevators fall unexpectedly, the accident causes serious head injuries and other wounds. Most elevator accident victims receive two-thirds of their average weekly wage for the duration of their temporary or permanent disabilities. The AWW includes regular cash compensation, irregular cash compensation, such as performance bonuses, and non-cash compensation, such as matching 401(k) contributions.
• Medical Bills: California has one of the highest daily hospitalization costs in the country. Workers’ compensation pays these bills in full, along with other reasonably necessary medical expenses, such as transportation costs, follow-up medical care, prescription drugs, medical devices, and physical therapy costs.

Originally, the system sped these benefits to injured workers, and in many cases, a lawyer simply got in the way.

But things are different now. Insurance company interests now dominate the bureaucracy and years of insurance premium reductions have drained money from the system. Only a Carlsbad personal injury lawyer can overcome these obstacles and ensure that injured workers get a fair-sized piece of a shrinking financial pie.

Nonsubscriber Cases

Some elevator accident victims can take their claims to the next level and file lawsuits in civil court. This option is also available if workers’ compensation insurance is unavailable.

Frequently, employers ignore safety warning signs, such as safety citations regarding unsafe elevators. If the employer was reckless, that recklessness caused the injury, and an attorney proves these elements in court, the aforementioned additional compensation is available. During pretrial settlement negotiations, which resolve most elevator accident claims, most lawyers multiply the economic losses by two, three, or four to determine a fair amount of noneconomic damages.

California law requires most employers to purchase and maintain workers’ compensation insurance. But like they ignore safety warning signs, many employers ignore this requirement as well.

If workers’ compensation insurance is unavailable in these cases, victims may file actions in civil court. Additional compensation is available, as outlined above. Also in these cases, it’s easier for a Carlsbad personal injury lawyer to prove negligence, or a lack of care. To punish employers who skirt the law, California courts don’t let employers use some key job injury defenses, such as assumption of the risk.

Work With a Diligent San Diego County Lawyer

Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Carlsbad, contact the Pursley Law Firm. Virtual, home, and hospital visits are available.