Legal Question in Personal Injury in California
Work Injury
On May 15th I got trapped in the elevator at work and I suffer from claustrophobia, after ten minutes in there I was trying to pull the doors open. When I finally got out I was experiencing some chest discomfort. This was about 8:20 am I continued working until 11:00am when I told my supervisor I didn�t feel good and was going home. I went to the hospital emergency room and after 2 hours I was admitted. This past Friday the doctors performed an angiogram and implanted a stent. This was all reported as a Workers Comp injury. My question revolves around the fact the elevators in this building have been malfunctioning for the entire time my company has been a tenant in this building. I have been trapped in these elevators before but only for a couple of minutes each time. The property management company has had the elevator repair company out to service these elevators on average of twice a month for over 4 years. I step into this elevator and have a minor heart attack and all the adjuster tells me is the sooner I get back to work, the sooner I�ll start earning my normal income. They make it look like it�s my fault. Can I do anything here?
5 Answers from Attorneys
Re: Work Injury
Your case will have an issue of apportionment and it requires medical opinion to determine apportionment of injury. I had a heart-attack case at work and it was settled relatively good due to the report by a cardiologist that clearly indicated that certain conditions at work can cause and/or contribute to heart attack.Call me at 213.388.7070 to discuss your case.
Re: Work Injury
If your doctor will testify that your severe distress over being stuck in the elevator caused your heart attack, then a lawyer would probably take your case. If no doctor will give that opinion and being willing to testify to that under oath, it would be difficult. If your employer is a tenant in the building, then you could sue the owner/management company, despite your workers' comp carrier's involvement. It could seek reimbursement of the money it's shelled out, however. Good luck!
Re: Work Injury
In my opinion, you cannot win in a lawsuit against your employer, or the elevator company.
The law requires defendants (persons you are suing) to have caused a situation that injures another. Here, assuming the elevators were faulty, and not maintained properly, my opinion is that your illness was caused by claustrophobia, and your attempt to open the doors.
I am sorry about your heart attack, but that doesn't mean the cause was the faulty elevator, as compared to your condition and your actions.
I may be wrong, however, and you might want to check with another lawyer.
Good luck!
Re: Work Injury
I disagree with my colleagues here: your case is worth investigating.
It's well-settled law that "a defendant must take his victim as he finds him." Just because you were unusually susceptible to being injured, doesn't mean they can get away without being responsible for injuring you. The theory is also called "the eggshell plaintiff." Blaming you for this is like blaming a little old lady for breaking her hip when she slips in a grocery store.
It's good that you have worker's comp to cover your bills in the meantime, but the building could ultimately be the one responsible for your pain and suffering. If you're interested in pursuing this, call me: 818.257.9250
Re: Work Injury
You may have a case, but it will be difficult to prove. In addition, there will be costs associated with an expert and you will have to reimburse your workers comp insurance.
You should, however, consult with an attorney to see how a jury in your area would deal with this somewhat unique issue.
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