The items and devices that we use the most have the most opportunities to injure us. While things like cars, home appliances, elevators, and escalators are often tested and built to be safe for daily use, there is always a chance that something could go wrong – and if it does, someone should be held responsible.
If you or a loved one was injured riding an escalator in Arkansas, contact our Fayetteville, AR escalator injury attorneys today. Ken Kieklak, Attorney at Law, may be able to get you financial compensation for the injuries you faced, which can help you and your family pay for medical bills, lost wages, and pain and suffering related to the injury. For a free legal consultation on your potential case, call our law offices today at (479) 316-0438.
Suing for Injuries on an Escalator
Escalator riders are vulnerable to accidents and injuries caused by problems with the escalator or other riders. In some cases, injuries occur because the escalator has maintenance or upkeep problems that indicate it should have been closed before it could hurt anyone. Other times, these injuries occur from overcrowding or dangers posed by other people running or pushing on the escalator.
If you were injured because of a maintenance or upkeep problem, the building owners should be responsible for your injuries. Companies that own malls, office buildings, or other establishments with an escalator need to pay proper attention to maintenance and ensure that there are no problems with their escalators. Jerky motors, sudden stops, problems with speed controls, friction against the track, and other issues could increase the chance of a patron falling or losing their balance on the escalator. These injuries are especially common for children and others who cannot reach the handrail, as well as for older adults and others who already have issues balancing and standing.
Disruptive patrons on the escalator can also cause injuries through carelessness and recklessness. Running on a crowded escalator, pushing other patrons, going the wrong direction on an escalator, or jumping off the sides could push others to the ground or even off the edge of the escalator, potentially causing serious injuries from the fall.
Injuries for Escalator Maintenance Workers
One of the most common groups of people to face injuries from escalators is the maintenance workers and technicians who repair and maintain escalators. These workers face risks from electrocution and dangerous moving parts on top of other potential dangers involved with their work. If you are injured at work as an elevator or escalator technician, you may not be able to sue for your injuries, but you could file for workers’ compensation instead.
When you file for workers’ compensation, your employer and their workers’ compensation insurance cover the damages that you need for any work-related injuries. These injuries could result in expensive medical bills and lost time at work. The benefits paid through workers’ comp. should cover the full cost of any medical expenses related to the injury as well as 2/3 of your normal wages for a set period of time. These benefits are paid whether or not you can prove that your employer was at fault for the injuries you faced.
Some escalator technicians work as independent contractors, which often means that they are not required to follow workers’ compensation rules and can instead sue for an on-the-job injury. Talk to a lawyer about how this might increase the damages you can claim and how to go about holding a negligent client or property owner responsible for your injuries as an independent contractor. You may also be able to sue the escalator manufacturer instead of using workers’ compensation.
Damages for Escalator Injuries
If you are required to file your injury case through workers’ compensation, you may be limited in claiming the damages for medical care and 2/3 of your lost wages. These damages come without the need to take your case to court and without the need to prove your employer did anything wrong, which can open up benefits to you in cases where a lawsuit would not. However, lawsuits typically allow you to claim a wider range of damages, when available.
When filing a lawsuit for your injuries, you can typically claim compensation for the medical bills you faced, any lost wages you suffered, and any pain and suffering you experienced. The medical expenses can cover current and future damages for hospital visits, surgeries, doctor’s appointments, and other care related to your injury. Lost wages from a lawsuit can cover any wages you missed or will miss going forward. Moreover, you can claim direct compensation for the pain and suffering the injury caused you, with higher damages typically awarded for more serious injuries and harsher effects on your life, such as reduced enjoyment, lost opportunities, severe mental anguish, and other intangible effects.
Talk to a lawyer about what your case is worth and what options you have for suing or filing for compensation. Not every case can be handled through workers’ compensation, and sometimes you may be entitled to sue a third party or the escalator operator for injuries, potentially opening up access to different types of damages. However, workers’ compensation may be better if no one was precisely at fault for your on-the-job injury.
Call Our Fayetteville Escalator Injury Attorney
If you or a loved one was injured while riding an escalator in Arkansas or while working as an escalator technician or escalator repair workers, contact Ken Kieklak, Attorney at Law, today. Our Fayetteville, Arkansas escalator injury attorney may be able to file a lawsuit against the responsible parties and fight to get you the compensation you need. For your free legal consultation, call us today at (479) 316-0438.