NYC Construction Accident Brain Injury Lawyer

Construction Accidents and Brain Injuries in NYC

Construction is one of the most dangerous industries in New York. According to the U.S. Bureau of Labor Statistics, construction accounts for a disproportionate share of workplace fatalities and serious injuries, with falls being the leading cause of death.

Brain injuries are a common consequence of construction accidents, caused by:

- Falls from heights: Falls from scaffolds, ladders, roofs, and other elevated surfaces are the leading cause of construction-related brain injuries. Even a fall from a relatively low height can cause a severe TBI. - Being struck by falling objects: Tools, materials, or debris falling from above can strike a worker in the head, causing brain injury. - Scaffolding collapses: When scaffolding fails, workers can fall or be caught in the collapse, causing severe head injuries. - Trench collapses: Workers caught in trench collapses can suffer head injuries from falling debris or from being buried. - Equipment accidents: Cranes, forklifts, and other heavy equipment can cause accidents that result in head injuries. - Falls on the same level: Slips, trips, and falls on construction sites can cause head injuries, particularly if the worker strikes their head on a hard surface. - Vehicle accidents: Construction vehicles (trucks, bulldozers, etc.) can strike workers, causing head injuries. - Falling through openings: Unprotected floor openings, elevator shafts, or skylights can cause workers to fall, resulting in head injuries.

Many of these accidents are preventable with proper safety equipment, training, and compliance with New York labor laws.

New York Labor Law Section 240 (The Scaffold Law)

New York Labor Law Section 240 -- commonly known as the Scaffold Law -- is one of the most powerful protections for construction workers in New York. Section 240 imposes strict liability on contractors and property owners for gravity-related injuries (including falls from heights and falling objects) at construction sites.

Key features of Section 240:

- Strict liability: If a worker is injured by a gravity-related hazard (fall from height, falling object), the contractor and property owner are strictly liable -- meaning the worker does not need to prove negligence, only that the injury was caused by a gravity-related hazard and that adequate safety devices were not provided. - Covered activities: Section 240 applies to construction, demolition, painting, cleaning, and other work that involves elevation-related risks. - Required safety devices: The law requires contractors and property owners to provide adequate safety devices, including scaffolds, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, and ropes. - Who is liable: Contractors, subcontractors, and property owners (and their agents) who have the authority to supervise or control the work. - Comparative negligence: New York comparative negligence rule applies, but if the worker only contributed to their own injury (and the sole proximate cause was the worker own conduct), the contractor/owner may not be liable. However, if adequate safety devices were not provided, the contractor/owner is liable regardless of the worker conduct.

Section 240 is a powerful tool for construction workers who suffer brain injuries from falls or falling objects. It allows them to recover compensation without having to prove that the contractor or property owner was negligent -- only that the injury was caused by a gravity-related hazard and that adequate safety devices were not provided.

New York Labor Law Section 241(6)

New York Labor Law Section 241(6) is another important protection for construction workers. Unlike Section 240 (which applies to gravity-related hazards), Section 241(6) applies to a broader range of construction hazards and requires contractors and property owners to comply with specific safety regulations.

Key features of Section 241(6):

- Compliance with safety regulations: Section 241(6) requires contractors and property owners to comply with the safety regulations promulgated by the New York State Department of Labor (found in 12 NYCRR Part 23, the Industrial Code). - Specific safety standards: The Industrial Code contains specific safety standards for construction, excavation, demolition, and other activities. Violations of these standards can form the basis of a Section 241(6) claim. - Liability: Contractors and property owners (and their agents) who have the authority to supervise or control the work are liable for violations of the Industrial Code that cause injury. - Proof required: Unlike Section 240 (strict liability), Section 241(6) requires proof that a specific Industrial Code regulation was violated and that the violation caused the injury.

Section 241(6) is particularly relevant for brain injuries caused by hazards other than gravity-related falls -- such as equipment accidents, trench collapses, and vehicle accidents.

Common Causes of Construction Site Brain Injuries

Common causes of construction site brain injuries include:

• Falls from scaffolds: Scaffolding that is improperly erected, inadequately maintained, or lacks fall protection (guardrails, safety nets, harnesses).
• Falls from ladders: Ladders that are defective, improperly positioned, or used incorrectly.
• Falls from roofs: Roofs without adequate fall protection.
• Falls through openings: Unprotected floor openings, elevator shafts, or skylights.
• Falling objects: Tools, materials, or debris falling from above, striking workers in the head.
• Scaffolding collapses: Scaffolding that fails due to improper construction or overloading.
• Trench collapses: Trenches that are not properly shored or sloped, causing collapses.
• Equipment accidents: Cranes, forklifts, and other equipment causing accidents.
• Vehicle accidents: Construction vehicles striking workers.
• Slips, trips, and falls: On debris, uneven surfaces, or wet surfaces.
• Struck-by accidents: Being struck by swinging loads, moving equipment, or flying debris.

Types of Brain Injuries from Construction Accidents

Construction accidents can cause a range of brain injuries, including:

• Concussion (mild TBI): A mild brain injury caused by a blow to the head. Symptoms may include headache, dizziness, confusion, memory problems, and sensitivity to light or noise.
• Contusion: A bruise (bleeding) on the brain, caused by direct impact.
• Coup-contrecoup injury: Injury at the site of impact and on the opposite side of the brain, caused by the brain moving within the skull.
• Diffuse axonal injury (DAI): Widespread damage to the brain white matter, caused by rapid acceleration/deceleration or rotation of the head. DAI is often seen in falls from heights and can be devastating.
• Intracranial hemorrhage: Bleeding within the skull, including subdural hematoma, epidural hematoma, and subarachnoid hemorrhage. These are life-threatening emergencies requiring immediate surgery.
• Penetrating brain injury: An object (such as a nail, rebar, or debris) penetrates the skull and enters the brain.
• Skull fractures: Fractures of the skull bones, which may be associated with brain injury.
• Second impact syndrome: A second brain injury before the first has healed, which can cause catastrophic brain swelling.

Workers' Compensation vs. Personal Injury Claims

Construction workers who suffer brain injuries may have two types of claims:

Workers' compensation: - Available regardless of who was at fault - Covers medical expenses, lost wages, and disability benefits - Does not cover pain and suffering - Paid by the employer workers' compensation insurance - The exclusive remedy against the employer (you cannot sue your employer for negligence)

Personal injury (third-party) claims: - Available against parties other than the employer -- such as property owners, general contractors, subcontractors, equipment manufacturers, and others - Based on negligence, New York Labor Law Section 240, or Section 241(6) - Covers medical expenses, lost wages, lost earning capacity, pain and suffering, and other damages - Can result in significantly higher compensation than workers' compensation, particularly for severe brain injuries

An experienced construction accident attorney can evaluate your case and pursue all available claims -- both workers' compensation and personal injury -- to maximize your recovery.

When a Construction Brain Injury Constitutes Negligence

A construction brain injury may constitute negligence (or a violation of New York Labor Law) when:

• Inadequate fall protection: Failure to provide guardrails, safety nets, harnesses, or other fall protection on elevated surfaces (violation of Section 240).
• Improper scaffolding: Scaffolding that is improperly erected, inadequately maintained, or lacks required safety features.
• Unprotected openings: Failure to cover or guard floor openings, elevator shafts, or skylights.
• Falling object hazards: Failure to provide toe boards, debris nets, or hard hats -- or failure to secure materials and tools at heights (violation of Section 240).
• Improper ladder use: Ladders that are defective, improperly positioned, or used incorrectly.
• Equipment failures: Cranes, forklifts, or other equipment that is defective or improperly maintained.
• Trench failures: Trenches that are not properly shored, sloped, or shielded (violation of Section 241(6) and Industrial Code).
• Inadequate training: Failure to provide adequate safety training to workers.
• Inadequate supervision: Failure to supervise the work and enforce safety regulations.
• Violation of OSHA regulations: Violations of Occupational Safety and Health Administration regulations may be evidence of negligence.

Proving Your Construction Brain Injury Case

To prove a construction brain injury case, you need:

- Accident documentation: Including OSHA reports, accident reports, photographs, and witness statements. - Medical records: Including emergency department records, hospital records, imaging studies (CT, MRI), neurological evaluations, and neuropsychological testing. - Construction site documentation: Including site plans, safety plans, scaffold tickets, and inspection reports. - Safety regulation analysis: Analysis of which OSHA regulations, Industrial Code regulations, or New York Labor Law sections were violated. - Expert review: Construction safety experts, neurologists, neurosurgeons, and neuropsychologists. - Life care plan: A detailed projection of future medical care, rehabilitation, and support needs. [Link to: /cerebral-palsy-lawyer/life-care-plan] - Economic analysis: Calculation of lost earnings, future care costs, and other economic damages. - Expert testimony: From qualified experts.

[Link to: /resources/how-to-get-medical-records-for-a-lawsuit]

New York Statute of Limitations

Construction accident brain injury claims are subject to the 3-year statute of limitations for personal injury (CPLR 214), running from the date of the injury.

However, claims under New York Labor Law Section 240 or 241(6) against a municipal property owner (e.g., the City of New York, NYC School Construction Authority) have shorter deadlines -- 90 days for the notice of claim and 1 year, 90 days for the lawsuit. [Link to: /hospital-negligence/suing-nyc-h-h]

Workers' compensation claims have different deadlines -- typically 2 years from the date of the injury (or from the date of disablement, if later).

If the brain injury caused death, a wrongful death claim under EPTL 5-4.1 must be filed within 2 years of the date of death. [Link to: /wrongful-death-lawyer]

Contact an attorney as early as possible to evaluate all applicable deadlines.

Compensation Available

A successful construction brain injury claim in New York can provide compensation for:

• Medical expenses: Including past and future medical care, surgeries, rehabilitation, medications, and assistive devices
• Lost wages and loss of earning capacity
• Pain and suffering: NY has no cap on non-economic damages
• Permanent disability: For cognitive, motor, and behavioral impairments
• Lifetime care costs: Based on a life care plan, discounted to present value
• Home modifications: Ramps, accessible bathrooms, and other modifications
• Loss of consortium: For the impact on family relationships
• Wrongful death damages: If the brain injury caused death [Link to: /wrongful-death-lawyer]

What to Expect Working with MDLaw Firm

When you contact MDLaw Firm about a potential construction brain injury case:

• Free Consultation: We listen to your story and review the basic facts.
• Immediate Deadline Assessment: We evaluate the 3-year statute of limitations, workers' compensation deadlines, and whether a notice of claim is required for municipal defendants.
• Accident Investigation: We investigate the accident, obtaining OSHA reports, accident reports, photographs, and witness statements.
• Record Retrieval: We obtain all medical records, imaging studies, and rehabilitation records.
• Expert Review: We engage construction safety experts, neurologists, neurosurgeons, and neuropsychologists.
• Multi-Claim Analysis: We evaluate both workers' compensation and personal injury (third-party) claims, pursuing all available avenues of recovery.
• Life Care Plan: We engage a life care planner to project future care needs.
• Economic Analysis: We engage an economist to calculate the present value of future care costs and lost earning capacity.
• Litigation: We file within the statute of limitations and handle all aspects of discovery and trial.
• Resolution: We pursue maximum compensation through settlement or verdict.

Frequently Asked Questions

The value of a medical malpractice case in New York depends on several factors, including the severity of the injury, the strength of liability evidence, and the economic and non-economic damages involved. New York is one of the few states with no caps on medical malpractice damages, meaning there is no artificial limit on what you can recover. Below are typical settlement ranges based on injury severity.