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    Inside a modern empty elevator shaft

    Elevator shafts run through the heart of high-rise projects and commercial buildings. When a guardrail, lock, or warning sign is missing, a single step can send a worker tumbling multiple stories to the bottom of a dark concrete box. Even on well-managed sites, elevator-related accidents can happen. If your fall occurred while on the job, even if no one seems directly at fault, you are likely eligible for workers’ compensation benefits under South Carolina law.

    These accidents often result in life-changing injuries: spine, pelvic, and leg fractures, crush injuries, or death. Recovery can be long and difficult, both physically and financially. The last thing you need is to deal with an insurance company attempting to take advantage of you by fast-tracking and undervaluing your claim.

    Since 1968, the workers’ compensation attorneys at Joye Law Firm Injury Lawyers have helped injured workers and their families recover medical benefits and wage replacement. Managing Partner Ken Harrell is a Past President of Injured Workers’ Advocates and serves on the Board of Directors for the Workers’ Compensation Educational Association. Attorney Matt Jackson, Head of our Workers’ Compensation Department, also served as President of Injured Workers’ Advocates and remains an active member, fighting for the rights of injured workers statewide.

    If you, a co-worker, or a loved one sustained elevator accident injuries, call us today and learn how a settlement can protect your future. We’ll explain your rights, evaluate your case, and show you how a workers’ comp settlement, and potentially a third-party personal injury claim, can help protect your health and financial future.

    How Joye Law Firm Protects Workers Hurt in Elevator Shaft Falls

    • Fast benefit checks: We file the paperwork and push the insurance company to start weekly workers’ compensation benefits. This partial wage replacement equates to two-thirds of the injured worker’s average weekly pay, up to the weekly maximum set by the Workers’ Compensation Commission each year.
    • Full medical coverage: From emergency surgery to months of physical therapy, we force the employer’s carrier to pay every hospital, doctor, and pharmacy bill.
    • Permanent impairment ratings: Our lawyers not only track each body-part rating and calculate the compensation owed under South Carolina schedules, we also fight for long-term medical care, rehabilitation, and psychological care.
    • Third-party claims: When an elevator maintenance company, building owner, or general contractor causes the hazard, we bring a separate personal injury case for pain, suffering, and future lost wages. We are also committed to improving workplace safety and work with employers to bring about meaningful change to avoid future injuries.

    Case Story: $1 Million Settlement for Three-Story Elevator Shaft Fall

    A 28-year-old war-time veteran turned insulation installer opened an unmarked door on the third floor of a large, coastal home under construction. Behind the door was an unfinished shaft with no elevator car, no warning signs, and no barrier. Before he could register what was happening, he plunged three stories onto cinder blocks below, shattering his pelvis and right leg.

    • Injuries: Pelvis fracture, tibia fracture, ankle fracture, requiring multiple surgeries
    • Workers’ comp claim:
      • Weekly partial wage replacement checks
      • All medical care covered
      • $57,000 Permanent Partial Disability award
    • Third-party claim: Joye Law Firm proved the home builder ignored OSHA safety regulations, leading to our client’s devastating fall. After Attorney Melissa Mosier filed a motion for trial, the contractor’s carrier agreed to pay out its full $1 million policy. Part of the settlement agreement required the company to start a new job-site safety plan.

    What Are Common Causes of Elevator Shaft Falls?

    Unsurprisingly, falls in elevator shafts are among the most dangerous types of accidents that can occur in any residential, commercial, or construction settings. These incidents happen suddenly, but are almost always preventable with proper safety protocols. Below are some of the most common causes of elevator shaft falls:

    • Missing or broken shaft doors
    • Improper maintenance that leaves the elevator car stuck above or below floor level
    • Power outage that strands the elevator between floors
    • Removal of barricades during construction
    • Inadequate lighting inside the shaft
    • Lack of warning signs on higher floors
    • Doors that open when no car is present
    • Slippery debris at the landing led to a slip and fall into the shaft

    Can I Pursue a Third-Party Lawsuit Alongside Workers’ Compensation?

    Elevator shaft fall accidents often involve more than one safety failure and more than one responsible party. In South Carolina, if a third party (someone other than your employer) contributed to the accident, you may be entitled to pursue both a workers’ compensation claim and a personal injury lawsuit at the same time.

    Workers’ comp can provide benefits like medical care and partial wage replacement, but unlike a personal injury case, it doesn’t allow for pain and suffering or punitive damages. A third party personal injury claim can offer an additional path to full compensation. It’s important to understand that these are two distinct legal avenues with different rules and requirements. For example, critical evidence like photos of the scene or witness statements might not be needed for a workers’ comp case but could make or break a third-party personal injury claim.

    At Joye Law Firm, we recognize the complexity of these situations. That’s why we assign two dedicated legal teams to cases like these—one workers’ compensation attorney and case manager, and one personal injury attorney and case manager. While they collaborate closely, each focuses solely on their area of law to ensure both parts of your case receive the specific attention and strategy they deserve.

    Who Can Be Held Liable in Elevator Shaft Fall Accidents in South Carolina?

    If you have a third-party personal injury case, more than one party can be held responsible:

    Potential Defendant Common Duty Breached Example of Negligence
    Property owners/building owner Keep premises safe for workers and passengers Leaving an open shaft during remodeling
    General contractor Coordinate safety among subcontractors Failing to install shaft barricades
    Elevator company or elevator maintenance company Maintain passenger elevators and shafts Failure to perform maintenance leading to doors opening without car present
    Equipment manufacturer Design safe elevator doors, locks, alarms Defective door interlock

    When several parties share blame, workers’ compensation pays first. A personal injury or wrongful death suit against any liable company can add damages for pain and future lost income.

    What Compensation Can I Expect from an Elevator Shaft Fall in South Carolina?

    Suffering a fall into an elevator shaft can result in life-altering injuries, and the financial toll is often as staggering as the physical and emotional burden. If you were injured in such an accident on the job in South Carolina, you may be eligible for workers’ compensation benefits, which can help cover medical expenses, lost wages, and long-term disability.

    The potential compensation varies widely depending on the severity and nature of your injuries. According to data from the National Safety Council (NSC), injuries involving the head or central nervous system are among the most expensive in terms of lost-time workers’ compensation claims. On average, these claims amounted to nearly $91,844 for incidents that occurred in 2021 and 2022.

    Other serious injuries also carry substantial costs:

    • Average workers’ compensation settlement for fractures that heal: $50,000–$120,000
    • Average settlement for catastrophic injuries (spinal cord damage, compound fractures): $250,000-$500,000
    • High-severity third-party results: $750,000-$3 million policy-limit recoveries

    Workers’ compensation benefits typically include:

    • Wage replacement: Two-thirds of average weekly pay, up to the state maximum
    • Medical expenses: Hospital bills, physical therapy, prescriptions, durable medical equipment
    • Travel mileage: Reimbursement for doctor visits
    • Permanent impairment award: Lump-sum based on body-part rating
    • Death benefits: Funeral allowance plus weekly checks to dependents

    If you have a third-party claim, your personal injury attorney will work to calculate an amount of money that takes into consideration your current and future losses, both economic and non-economic. Factors that come into play are:

    • Physical pain and mental distress: Compensation for the toll your injuries take on your daily life and mental health.
    • Future medical expenses: Costs for ongoing care, surgeries, joint replacements, rehabilitation, or assistive technology.
    • Loss of future earning power: If your injuries reduce your ability to work or force you into a lower-paying job.
    • Disfigurement: For visible scars, limited mobility, or inability to participate in once-enjoyed activities.
    • Loss of household services: If you’re no longer able to perform tasks like cleaning, childcare, or yardwork that you previously handled.
    • Future medical care: While your workers’ compensation attorney will work to have your future medical care coverage outlined in your settlement agreement, sometimes there are additional costs that a personal injury lawsuit can help with.
    • Punitive Damages: In cases of extreme negligence or reckless conduct, these damages are designed to punish wrongdoers and deter future misconduct.

    How Can I Strengthen My Work Injury Claim?

    Here are ways to strengthen your claim after an elevator shaft fall:

    1. Document the accident immediately.
      After the elevator accident, report the incident to your employer without delay. Clearly note whether elevator doors malfunctioned, if doors closed improperly, or if a power outage contributed to the fall.
    2. Seek medical attention and preserve records.
      Obtaining prompt medical care for injuries resulting from an elevator accident—such as crush injuries, fractures, or catastrophic injuries—is vital for your health and your claim. Keep detailed records of medical expenses, treatments, and diagnoses. These records will demonstrate the extent of your pain, serious injuries, and ongoing need for treatment.
    3. Establish liability early.
      Identifying who is responsible for the accident is crucial. Was the elevator maintenance company negligent? Did the elevator company or property owners fail to conduct necessary repairs or safety inspections? Improper maintenance, negligence, and failure to meet occupational safety standards are common causes of elevator accidents.
    4. Hire a law firm with experience in elevator accident cases.
      An experienced law firm that offers a free consultation can evaluate your case at no risk to you. A strong attorney-client relationship ensures that you have dedicated attorneys ready to take on insurance companies, employers, and other defendants to secure the best settlement.
    5. Gather expert witnesses.
      In complex elevator fall cases, expert witnesses in elevator maintenance, construction, or labor statistics can testify about common safety violations, mechanical failures, and the most frequent causes of accidents. Their testimony can show how the defendants are held responsible for their injuries.
    6. Account for all damages.
      Besides medical expenses, a personal injury claim can cover lost wages, lost income, and future earnings if you cannot return to work. Especially for construction workers or maintenance workers, a fall into an elevator shaft can lead to severe injuries that permanently affect their earning capacity.
    7. Prepare for trial if necessary.
      While most personal injury cases settle for an average amount, some require filing a lawsuit in court. Your firm must be ready to go to trial to force the insurance company, building owner, or elevator company to pay fair compensation.

    Call Joye Law Firm if You Sustained Injuries in Elevator Shaft Falls at Work

    Elevator shaft falls are among the most serious accidents on a job site. Whether you are a construction worker replacing passenger elevators, a delivery driver trapped by failing doors, or an office employee hurt on the third floor, you deserve full workers’ compensation benefits and every dollar a negligent defendant owes.

    At Joye Law Firm, we understand how complex these cases can be. Our South Carolina legal team has decades of experience handling both workers’ compensation claims and third-party personal injury lawsuits, and we know how to maximize your recovery.

    Joye Law Firm’s South Carolina workers’ compensation lawyers are ready to investigate, establish liability, and pursue the settlement or trial award you need to move forward.

    When you schedule a free consultation with our team, you can expect:

    • Case evaluation: We’ll listen to your story and ask specific questions about how the elevator shaft fall occurred.
    • Legal guidance: We’ll explain your rights under South Carolina law, including your eligibility for workers’ compensation and whether you may also have a third-party claim.
    • Evidence strategy: We’ll advise you on what documentation and evidence can strengthen your case, including medical records, witness information, or photos of the accident scene.
    • Next steps: We’ll walk you through our contingency fee agreement in plain, easy-to-understand language. No legal jargon, no hidden fees, and no upfront costs. You only pay us if we recover compensation for you. Once you’re comfortable moving forward, you’ll be assigned your legal team so your case can start moving forward right away.

    Don’t settle for less than you’re owed. Call us at (888) 324-3100 or complete our online form to schedule your free consultation today.

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    Attorneys at Joye Law Firm's Myrtle Beach office