By Daniel Dash. Last Updated 9th March 2022. Employers in Great Britain have a duty to ensure the safety of their staff while at work wherever possible. This means they need to take steps to reduce risks and remove dangers. This could be something as simple as using warning signs to alert staff to dangers or maintaining equipment. One such piece of equipment is an elevator or lift. If you’ve been stuck in a lift at work because of some form of employer negligence, you could be entitled to seek compensation from them. In this guide, we’ll look at the types of injury you could claim for, when your employer might be liable and how much compensation you could receive.
Legal Helpline believes that you should be able to claim compensation for suffering caused by somebody else’s negligence without worrying about the costs involved. That’s why we provide completely free claims advice and a no-obligation assessment of your claim. Furthermore, if one of the solicitors on our panel takes on your claim, it’ll be on a No Win, No Fee basis.
To begin a claim right away, you can call our specialist advisors on 0161 696 9685 today. Or, if you prefer, you can carry on reading to find out more about the accident at work claims process.
Jump To A Section
- A Guide To Claims For Being Stuck In A Lift At Work
- What Should You Do If Stuck In A Lift At Work?
- Guidelines For The Safe Operation Of Passenger Lifts
- Laws Applying To Safe Passenger Lift Operation
- What Causes Elevators And Lifts To Get Stuck?
- What Injuries Could Be Caused By Being Stuck In A Lift At Work?
- Psychological And Psychiatric Injuries Caused By Being Stuck In A Lift
- Claiming For PTSD Caused By Stuck Trapped In A Lift At Work
- Stuck In A Lift At Work Compensation Calculator
- What Other Types Of Damages Can You Claim For Getting Stuck In A Lift?
- Steps To Take To Make A Claim Against Your Workplace
- No Win No Fee Psychological Injury Claims For Being Stuck In A Lift At Work
- Contact Legal Helpline Today
- Useful Links
A Guide To Claims For Being Stuck In A Lift At Work
You might think that being stuck in a lift at work is just one of those things that’s beyond anyone’s control. In fact, that is sometimes the case. However, there are times when the breakdown of the lift could be due to a lack of maintenance or using the lift in a way that’s not recommended by the manufacturer. In these cases, it may be possible to claim compensation for any suffering caused. This can include physical injuries or psychological suffering like post-traumatic stress disorder or Cleithrophobia (the fear of being trapped).
The reason you might be able to claim is that employers have a duty of care to ensure their staff’s safety wherever possible. If they breach that duty of care, and you suffer in any way, you could be entitled to sue. You shouldn’t worry about claiming against your employer though. So long as your claim is honest, your employer can’t dismiss you, punish you or treat you any differently.
In this guide, we’ll explain what to do if you’re stuck in a lift, what laws are used to govern their use and when an employer might be liable when they break down. We’ll also review compensation amounts that could be paid. It’s important to note that there’s a 3-year personal injury claims time limit. This begins from the date any avoidable suffering is diagnosed. Therefore, our advice is to begin seeking legal advice as soon as possible. Although 3-years is a long time, a solicitor will need to gather evidence to support your claims such as witness statements and medical reports.
What Should You Do If Stuck In A Lift At Work?
Being stuck in a lift will affect different people in different ways. Some people won’t be affected adversely at all but for others, it can be truly traumatic. Here is some advice about what to do, and not to do, if you ever become stuck:
- Stay calm and don’t panic. If there are multiple people stuck with you, the environment can become very warm very quickly. Staying calm will help reduce the temperature and make the situation more bearable.
- Press the emergency call button. This should either put you in contact with somebody in the building or the maintenance company.
- Don’t force open the doors. If you try to escape while the lift begins to move, you could put yourself in serious danger.
- Call your employer on a mobile if the emergency call button doesn’t function correctly if you’re able to do so.
Guidelines For The Safe Operation Of Passenger Lifts
If a lift in a workplace is used by people, it is subject to strict periodic inspection and examinations under the Lifting Operations and Lifting Equipment Regulations (LOLER).
This means that a competent person should assess items including:
- Car doors and their interlocks.
- Suspension ropes.
- Safety gear.
- Electrical devices (earthing, fuses etc).
- Braking systems.
- Hydraulic systems.
There should be a duty holder whose legal responsibilities for the lift include:
- Maintaining the lift so it’s safe.
- Making sure the lift is examined every 6 or 12 months.
- Selecting the competent person (for testing).
- Fixing any faults promptly.
- Record keeping.
- Providing the competent person with any documentation.
Laws Applying To Safe Passenger Lift Operation
The main legislation relevant for lifts is The Lift Regulations 2016. This legislation puts an onus on lift installers to ensure that any lifts they install comply with health and safety requirements. They must then obtain a CE mark and keep it up to date for 10 years. Furthermore, they need to investigate any safety complaints and keep records of the complaint.
There are separate obligations for manufactures, distributors and importers of lifts which are all explained in the legislation. The regulations are enforced by the Health and Safety Executive (HSE) in Great Britain.
What Causes Elevators And Lifts To Get Stuck?
As mentioned earlier, a good way to protect a lift from failure is to maintain it in accordance with the manufacturer’s recommendations. There are a number of reasons why a lift may fail, these include:
- Power cuts. If the power to a building is cut, the elevator may stop functioning and anybody inside may need rescuing. In cases where the building has power, but the lift short-circuits, a compensation claim might be possible for any injuries caused if it is found that the electrical circuits hadn’t been maintained properly.
- Oil contamination. If the lift’s engine isn’t examined and maintained properly, tiny bits of metal can get into the oil. This can cause problems with motor and stop the lift from operating correctly.
- System Failure. The operating system of the lift is responsible for making sure functions like doors opening happens at the correct time. If the operating system fails, and the doors won’t open, then any passengers will be stuck. They could claim for any injuries caused or suffering due to being stuck in the lift if it’s found that system maintenance procedures weren’t adequate.
What Injuries Could Be Caused By Being Stuck In A Lift At Work?
As well as the trauma that can be caused by being stuck in a lift (see the next section for more details), it’s possible to suffer physical injuries when a lift breaks down. The most common reason for becoming injured is because of a fall when the lift stops suddenly. This can result in head injuries including concussion, back injuries, fractured bones, cuts and bruises.
If you’ve suffered a physical injury when a lift broke down if it is found to have been caused by inadequate maintenance you could be entitled to claim for the pain and suffering your injuries caused. Please call an advisor to discuss whether you can begin a claim.
Psychological And Psychiatric Injuries Caused By Being Stuck In A Lift
If you are stuck in a lift at work, or in any other setting, you could sustain both physical and psychological injuries. The severity of the injuries may vary depending on the type of lift accident. Physical injuries could include bruises or broken bones.
However, being stuck in a lift can also have mental side effects that could be short term, long term, or even permanent in some cases.
Cleithrophobia can be another example. It is similar to claustrophobia, except that the fear can be assuaged by the sufferer being aware of a way out of the situation. It is a fear of being trapped rather than a fear of confined spaces.
To illustrate, someone who suffers from cleithrophobia may be less affected than someone who is claustrophobic when travelling in a lift because the space has a door that opens and closes.
However, phobias such as these can be complex things. Everybody is different, so they may be impacted in different ways. Regardless, if your mental health has been impacted by your employer’s negligence (for example, if they were aware of a faulty lift but they ignored it, causing you to become stuck in it) then you could be eligible to claim compensation from them.
Claiming For PTSD Caused By Being Stuck In A Lift At Work
Post-traumatic stress disorder (PTSD) has had a lot of coverage in the press over recent years because of military operations abroad. However, according to the NHS, there are a number of causes of PTSD including exposure to traumatic events at work. This could include being stuck in a lift.
Usually, symptoms of PTSD will begin within a month of the traumatic event. It can have a dramatic effect on daily life for the sufferer. They may experience flashbacks, nightmares, physical pain, sweating, vomiting or trembling.
Another symptom of PTSD is that the victim will try to avoid being remembered of the incident. For instance, after being stuck in a lift at work, they may try to avoid the building to push the memory of the incident away.
Other issues associated with PTSD include depression, anxiety and the development of phobias and these can lead to self-harming or destructive behaviour such as alcohol misuse or drug misuse.
The NHS advice is that you should seek medical advice if your symptoms persist around 4-weeks after the traumatic event. A GP can discuss your symptoms and may refer you to specialists if they think treatment would be beneficial.
Stuck In A Lift At Work Compensation Calculator
If you’ve now decided to claim following an elevator accident at work, you might want to know how much compensation you could claim. As every claim is unique, because claimants are affected differently, it’s impossible to give a personal estimate in this guide. However, instead of using a personal injury claims calculator which are sometimes difficult to understand, we’ve provided the table below. It shows potential compensation figures for relevant injuries.
|Type Of Injury||Severity||Range||Information|
|Psychological Injury||Severe||£51,460 to £108,620||Cases where the claimant receives a very poor prognosis from a psychiatrist.|
|Psychological Injury||Moderately Severe||£17,900 to £51,460||An example in this category could be work-related stress which causes a disability which prevents a return to comparable work.|
|Psychological Injury||Moderate||£5,500 to £17,900||Work-related stress where symptoms are not prolonged, and the prognosis is good, are included in this category.|
|Psychological Injury||Less Severe||£1,440 to £5,500||This category will take into account the period of disability that affects sleep and daily activities.|
|Post-Traumatic Stress Disorder||Moderate||£7,680 to £21,730||Cases where the claimant has largely recovered and any continuing effects won't be largely disabling.|
Importantly, you can claim for any psychological injury as well as physical injuries. As part of the claims process, to help prove the extent of your injuries, a solicitor from our panel will arrange for a medical specialist to assess you. This will usually be carried out locally so that you don’t need to travel too far. During the assessment, you’ll be asked a number of questions about your injuries. The specialist will then produce a report which will explain what injuries you suffered, how they affected you and whether you’ll suffer in the long-term.
What Other Types Of Damages Can You Claim For Getting Stuck In A Lift?
In the previous section, the table we provided gave some examples of compensation that could be awarded for pain, suffering or loss of amenity caused by the accident. This is known as general damages. Another part of your claim that your solicitor could help you make is for special damages. This is used to compensate you for any financial losses incurred as a result of your suffering. There are many different types of special damages that could be claimed for including:
- Care Costs.
If you need support while recovering from your injuries, any care-related costs could be claimed back. For instance, you could claim for a professional carer’s fees. Also, the time of a friend who supported you could be included in your claim.
- Medical Costs.
Should you require medication to help you recover, then any costs could be claimed back. This could include prescription or over the counter medicines. Also, you might need specialist psychiatric treatment in some cases. If this isn’t available on the NHS, you could be entitled to claim the cost back.
- Travelling Expenses.
The cost of fuel, parking or other travel-related costs could be claimed for if they’ve been incurred as a result of your injuries. For instance, you could claim for visits to a hospital, GP or pharmacy.
- Loss of Earnings.
While you take time off work to recover, if your income is reduced, you could ask for the difference back as part of the claim. Should your capacity to work be affected longer-term, you could also ask for future lost income to be considered too.
When claiming for special damages, you’ll need evidence to prove your costs. This could include bank statements, receipts, P60s or wage slips. You should check with your solicitor before committing to any large expense.
Steps To Take To Make A Claim Against Your Workplace
If you decide that you’d like to make a personal injury claim against your employer, you’ll need to provide evidence. This will need to show who was to blame, what happened and how you suffered. Therefore, if you have been stuck in a lift, you could take the following steps to secure evidence to support your claim:
- Take photographs. If there is any visible damage to the elevator, try to take photographs before it’s repaired.
- Report the accident. Businesses are required to record any workplace accidents in a report book. This report will help confirm dates, times, people involved and any advice or treatment that was provided.
- Seek medical treatment. Medical records can be used to prove any injuries you’ve sustained. Therefore, if you do visit a GP or the hospital, you could ask for copies to help substantiate your claim.
- Gather witness details. If anybody else was with you when you got stuck in the lift, ask them for their contact details. Your solicitor may want to ask them for a witness statement at a later date.
- Obtain CCTV footage. Should the lift be covered by CCTV cameras, you could ask your employer for a copy of the footage.
This might seem like a lot of work but any evidence you can supply could make the process of seeking compensation easier. It’s best to try and obtain evidence as soon as possible because after a while, some types of evidence might not be available (CCTV footage for example).
No Win No Fee Psychological Injury Claims For Being Stuck In A Lift At Work
We understand that people worry about the cost of personal injury claims. To reduce that concern and to give claimants the confidence to pursue the compensation they could be entitled to, our panel of solicitors handle claims on a No Win No Fee basis.
To begin the case, your solicitor will review the claim with you. When they’re happy that the case has merit, they’ll prepare a No Win, No Fee agreement for you. This is also known as a conditional fee agreement or CFA.
When you review the CFA, you’ll notice that:
- The case can begin right away with no upfront fees.
- You don’t need to pay any fees during the claim.
- You won’t have to pay the solicitor’s fees if your claim is unsuccessful.
When a claim is won, and you receive compensation, your solicitor will ask for a small contribution towards their costs. This is known as a success fee and it’s a percentage of your compensation deducted at the end of the claim. The success fee you’ll pay is listed in the CFA and they’re legally capped, so you don’t need to worry too much about them.
Contact Legal Helpline Today
Thanks for reading our guide about claiming compensation for being stuck in a lift at work. If you’ve decided that you’d like to begin a claim with Legal Helpline, here are our contact details:
- Call and speak with a specialist advisor on 0161 696 9685
- Use our live chat facility to connect with an online advisor.
- Or arrange for a specialist to call you back by completing our claims form.
When you get in touch, an advisor will review your claim with you. They’ll begin by asking what happened, how you suffered and who you blame. After reviewing your claim, and any evidence you’ve supplied, they could refer you to a personal injury solicitor from our panel. If they agree your claim is viable, they’ll work on a No Win, No Fee basis.
You’ve now come to the end of this guide about claiming compensation for being stuck in a lift at work. In case you require any further information, we’ve provided some links below to more of our guides and some external information as well.
Accident At Work Claims – A guide that explains when compensation could be claimed following a workplace accident.
Trapped In A Lift Claims – This guide shows how a personal injury lawyer could help you claim after being trapped in a lift. The guide covers scenarios other than workplace accidents.
Slips, Trips And Falls – Information about when you could claim for a fall caused by somebody else’s negligence.
Passenger Lifts – A guide from the Health and Safety Executive about the safe use of lifts in the workplace.
Health And Safety At Work Act 1974 – The legislation – employers duty of care for staff safety.
Post-Traumatic Stress Disorder – Information from the NHS about PTSD causes, symptoms and treatment options.
Here Are Some Other Kinds Of Claims We Could Help You With
- How to make a supermarket accident claim.
- Making a claim for an accident in a shop.
- Manual handling claims.
- Child accident claims.
- A guide to fatal accident at work claims.
Guide by BE