Brain injuries are alarmingly common among construction workers in New York City. A brain injury can leave a construction worker disabled for life, and the cost of treating a brain injury can quickly drain the injured worker’s finances. Construction companies, property owners, and other responsible parties could be liable for paying injured workers fair compensation for their injuries.
You need a knowledgeable attorney to help you seek maximum compensation after a brain injury on a construction site. The NYC construction site brain injury lawyers at The Perecman Firm, are ready to help. Our seasoned trial attorneys have recovered more than half a billion dollars in verdicts and settlements for our clients. We utilize proven experts, cutting-edge technology, and a straightforward approach to represent your best interests and maximize the value of your claim.
Call us today or visit our contact page for a free consultation and let our team of experienced attorneys fight for the justice you deserve.
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Common Causes of Construction Site Brain Injuries
Construction sites are dangerous places and brain injuries can occur due to various accidents, such as:
- Falls from heights
- Being struck by falling objects
- Vehicle accidents
- Equipment malfunctions
- Slip-and-fall accidents
- Explosions
Types of Brain Injuries Suffered by Construction Workers
Brain injuries can range from mild to severe, with some of the most common types including:
- Concussions
- Contusions (bruises)
- Coup-contrecoup injuries
- Diffuse axonal injuries
What Are the Symptoms of a Brain Injury?
Symptoms of a brain injury can vary depending on the injury’s severity, but common symptoms include:
- Headaches
- Dizziness
- Memory problems
- Difficulty concentrating
- Changes in mood or behavior
- Loss of consciousness
OSHA Regulations and Construction Site Safety
Construction companies must obey federal and state laws to protect their workers from injuries, including brain injuries. While construction companies sometimes balk at following these complex regulations, the rules exist to protect workers.
According to a compliance document from the Occupational Safety and Health Administration (OSHA), some rules construction companies must follow to protect workers from brain injuries include:
- Employers must evaluate a job site and ensure any surfaces employees use are sturdy enough to safely support the workers. Construction workers cannot work at a job site unless the employer determines any walking surfaces on the site can safely support workers and their equipment.
- Employers must install guardrails and provide workers with fall-arrest devices if workers are working more than 6 feet off the ground or the floor below them.
- Workers must wear helmets or other head protection in any area with a risk of injuries from falling objects, electrical discharges, burns, or falls. Protective headgear must meet specific federal safety standards.
- The general duty clause of the Occupational Safety and Health Act of 1970 says employers must make sure a job site is “free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.”
Despite these federal regulations and state labor laws, construction companies routinely do things that endanger workers. Some of the most common violations of OSHA rules for construction workers include:
- Failing to provide adequate equipment to protect workers from falls
- Failing to install proper scaffolding or guardrails, as well as failing to inspect this equipment after installation
- Electrical safety issues, such as unsafe wiring, improper grounding, or use of damaged electrical equipment
- Inadequate protective systems for deep trenches
- Insufficient training and certification for forklift operators
- Improper maintenance of powered industrial trucks or unsafe operating practices
Your Legal Options After Getting Hurt in a Construction Accident
You likely have two main options for recovering compensation after a construction site brain injury. The first is to file a workers’ compensation claim. Workers’ compensation benefits pay for all reasonable and medically necessary treatments related to your treatment. Workers’ comp benefits also cover a portion of your missed wages while you heal.
The other option for recovering compensation is to file a personal injury claim against your employer or another party liable for your injuries. Personal injury claims allow you to pursue compensation for a broader range of losses. Our construction site brain injury lawyers can walk you through your options and find the right approach for your case.
Liability for Construction Site Brain Injuries
New York labor laws, specifically NY Labor Law 240 (also known as the “scaffolding law”) and Labor Law 241(6), provide extensive protection for construction workers, including provisions for vicarious liability. This means that the property owner and the general contractor can be held liable for the actions of other parties on the construction site, such as subcontractors or the plaintiff’s employers, even if they were not directly involved in the accident.
Labor Law 240(1) is a strict-liability statute, meaning you do not have to prove negligence by the property owner, contractor, employer, or another responsible party. Instead, you only need to show you sustained your injuries in an accident caused by a violation of the statute. New York does not apply comparative negligence as a defense under Labor Law 240(1), so you could still sue even if you were partially at fault. The only defense for the defendant is to show that the worker or plaintiff was the sole cause of the accident, which is very rare.
Labor Law 241(6) states that employers must provide employees with reasonable and adequate protection at a construction site. Comparative negligence does apply under 241(6), but vicarious liability is still applicable.
Labor Law 200 allows a broad category of workers at construction sites to bring claims for injuries related to accidents involving dangerous or defective premises conditions. Unlike Labor Laws 240 and 241(6), Labor Law 200 is not a vicarious liability statute and requires the injured worker to show negligence by the owner or general contractor.
The protections offered by these statutes cover various types of accidents, such as falling from ladders or scaffolds, injuries from falling objects, slipping and tripping, and accidents involving power-driven machinery, for example.
Compensation for Construction Site Brain Injuries
If you succeed in a personal injury claim against your employer or another negligent party, you can potentially recover compensation for:
- Medical bills
- Lost wages and reduced future earnings
- Pain and suffering
- Emotional distress
- Diminished quality of life
Our New York Construction Accident Brain Injury Lawyers Can Help
You have the right to fair compensation for a brain injury at a construction site, and The Perecman Firm, is ready to hold liable parties accountable for your losses. Call us today or visit our contact page for a free consultation.