Construction workers in New York City routinely face hazards involving scaffolds, ladders, cranes, falling objects, heavy machinery, demolition work, and elevated surfaces. When an accident causes a blow or other force to the head, the resulting traumatic brain injury (TBI) can be serious, long-lasting, and sometimes difficult to recognize immediately.
A TBI can affect a worker’s ability to concentrate, remember information, communicate, work, and perform everyday activities. If you or a family member suffered a head injury in an NYC construction accident, NYC Construction Accident Lawyers can investigate what happened and explain the legal claims and benefits that may be available.
Construction-related brain injuries can result from falls from scaffolds, ladders, roofs, or elevated platforms; falls through openings; falling objects and materials; crane and hoisting incidents; struck-by accidents involving equipment; scaffold or structural collapses; explosions and fires; demolition work; machinery accidents; and other dangerous site conditions.
Determining how the injury occurred is important because different New York Labor Law provisions, negligence principles, workers’ compensation rules, and potential defendants may apply depending on the work and accident.
A traumatic brain injury results when an external force disrupts normal brain function. On a construction site, this can occur when a worker strikes the head during a fall, is hit by an object, or experiences another forceful impact.
Symptoms vary and may include headaches, dizziness, balance problems, blurred vision, memory or concentration problems, confusion, fatigue, irritability, mood or personality changes, communication difficulties, or loss of consciousness. Some symptoms may not be obvious immediately after the accident.
Because head injuries can have significant medical consequences, an injured worker should seek appropriate medical evaluation rather than assuming that an initially mild symptom means the injury is minor.
New York Labor Law contains protections relevant to construction, excavation, demolition, and workplace safety. Which provisions apply depends on the work being performed, the hazard involved, the parties, and the facts of the accident.
Labor Law § 241 establishes requirements for construction, excavation, and demolition work. Claims under § 241(6) can involve provisions of the New York State Industrial Code. Whether a particular regulation supports a claim requires a case-specific legal analysis.
Labor Law § 200 states a general duty to provide reasonable and adequate protection for the lives, health, and safety of people employed in or lawfully frequenting covered workplaces. Construction brain injury cases may also involve negligence theories depending on site conditions, work methods, supervision, and control.
An investigation may examine construction contracts, safety records, photographs, video, witness statements, inspection materials, accident reports, and information about who controlled the work or hazardous condition.
A worker who suffers a work-related brain injury may be eligible for New York workers’ compensation benefits. The New York Workers’ Compensation Board explains that eligible workers may receive medical care and lost-wage benefits for work-related injuries or illnesses.
Workers’ compensation and a third-party personal injury claim are different. Depending on the circumstances, a worker may have workers’ compensation benefits and also a potential claim against another legally responsible party involved in the project.
New York City construction projects often involve multiple businesses. Depending on the facts, potentially relevant parties can include property owners, general contractors, construction managers, subcontractors, equipment companies, and others with legal responsibility for the work or dangerous condition.
Identifying the proper parties can require reviewing contracts, work assignments, accident reports, safety documentation, photographs, video footage, inspection records, and equipment information.
Potential damages in a third-party personal injury action can include medical expenses, rehabilitation costs, lost income, reduced future earning capacity, pain and suffering, loss of enjoyment of life, and other losses recognized by law.
A serious TBI can create long-term treatment, rehabilitation, vocational, and daily-living needs. The damages available depend on the injury, prognosis, employment impact, evidence, liability, insurance, and other case-specific circumstances; no particular outcome or value can be guaranteed.
Seek prompt medical attention and report the accident through the appropriate workplace procedures. Follow medical recommendations and keep records of treatment, prescriptions, rehabilitation, expenses, and time missed from work.
If your condition permits, preserve photographs and video of the worksite, equipment, safety devices, and visible hazards. Obtain witness contact information and retain accident reports and employment information. Active construction sites can change quickly, so early evidence preservation can matter.
Before giving a detailed recorded statement to an insurer or signing a settlement release, consider obtaining legal advice about how the statement or document could affect your rights.
Brain injury cases can involve complex medical questions, while construction claims may involve several companies and specialized New York workplace-safety laws. Medical records, diagnostic imaging, neuropsychological information, employment evidence, site records, and expert analysis may all become relevant depending on the case.
A construction accident lawyer can investigate the accident independently, preserve worksite evidence, identify potentially responsible parties, communicate with insurers, and evaluate the legal claims supported by the facts.
If you suffered a traumatic brain injury or other serious head injury in a New York City construction accident, the circumstances may support workers’ compensation benefits, a third-party claim, or other legal rights.
NYC Construction Accident Lawyers can review accidents involving scaffold falls, ladders, falling objects, cranes, equipment, demolition work, and other construction hazards throughout the five boroughs. Contact the firm for a confidential case evaluation.