I work in a factory. I was injured when I exited the elevator in the factory. The elevator car was mislevel with the floor and I fell exiting the elevator walking onto the floor. Do I have a claim for my injuries?

Yes, you may have multiple claims. The first claim you have is for Worker’s Compensation benefits. Worker’s Compensation benefits will pay for your medical bills as well as a part of your lost wages while you are recovering from your injuries. As mentioned in prior posts in this blog, you have 30 days to notify your employer of the accident. You also have two years to file with the Compensation Board for your injuries. We always recommend that people file for compensation first so that they can get medical bills paid and receive lost wages while they are recovering.

Unfortunately you probably do not have a claim for your personal injuries. Even though Labor Law § 255 requires building owners of factories to maintain elevators in a working order, you still may not have a claim. First of all, if your employer is the owner of the building, you cannot sue the building owner for your personal injuries. Worker’s Compensation law § 29 states that Workers Compensation benefits are an exclusive remedy. In other words, you cannot receive Worker’s Compensation benefits and sue your employer for personal injuries.

Even if your employer was not the owner of the building but was merely a tenant, you still may not sue the building owner. Labor Law § 316(1) places the burden of maintaining the elevator on the factory operator. It does not matter if that factory operator owns the building or not. If your employer is the operator of the factory, you cannot bring a claim for personal injuries.

Multiple Use Building

There is one exception in the law. If the building owner is different than your employer, you may be able to sue the building owner directly. However under Labor Law § 316(2) the building must be a multi use multi-tenant factory building. If the building where your factory is located has multiple tenants and multiple uses, you would be able to sue the building owner for your personal injuries.

By James Santner, Esq.

If you have questions about a similar situation, feel free to contact us. Consultations are free and there is no fee unless we win.