Legal Question in Personal Injury in Illinois

Elevator Accident

Many people have been injured in our building from malfunctioning elevators. I was off work and received worker's comp for 6 months. Can we pursue a lawsuit against the building and/or elevator maintenance co? Many people are afraid to ride the elevators but must do so as there is no other way to access the offices as the stairwells are all locked. The building is privately owned. Our office space is leased by our employer a governmental agency.

Asked on 10/23/03, 8:01 pm

4 Answers from Attorneys

Robert Harlib Robert S. Harlib, Attorney At Law

Re: Elevator Accident

There may be several types of claims to pursue against a number of potentia defendants throgh lawsuits. You should contact my office if you wish to discuss this.

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Answered on 10/24/03, 9:28 am

Nima Taradji Taradji Law Offices

Re: Elevator Accident

Yes. You may have a cause of action based on premises liability, creation of an unreasonably dangerous condition, against the elevator company if they are the ones who are responsible for the upkeep of the elevators. I do need to know more information with respect to a possible cause of action. You will need to make clear who has what responsibility because you cannot sue your employer (that is what Worker's Compensation is for) and we need to know exactly who owns the building you work in and who has the responsibility to make sure the elevators properly function.

If you need more information, do not hesitate to contact me.

Nima Taradji

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Answered on 10/23/03, 8:24 pm
Zedrick Braden III Ainsworth & Associates PC

Re: Elevator Accident

Hello. I understand that you received worker's

comp for six months after your injury. I am fascinated that this is the second question of

this sort that I have had in the last six hours and, don't get me wrong, this is a good question,

but I am amazed to see this issue again. Any,

way, under the Illinois Workman's Compensation Act, workman's compensation is the exclusive remedy for on the job/work related injuries. This means that you cannot file a lawsuit and

get workman's compensation benefits.

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Answered on 10/23/03, 10:35 pm
Spencer Farris The S.E. Farris Law Firm

Re: Elevator Accident

There are several possible defandants- the building owner, the property manager, the elevator service company- each of these may be responsible for the elevator, and therefor liable for damages the defective elevator causes. Your employer is shielded by Workers' compensation, and that insurer likely has a right to recover moneys spent on Work comp claims from the responsible third party.

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Answered on 10/23/03, 10:37 pm

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