NYC Construction Site Brain Injury Lawyer

A traumatic brain injury (TBI) is a life-altering event with a unique set of rules. New York's labor laws provide specific, powerful protections for construction workers, placing a high degree of responsibility on property owners and general contractors to maintain safe worksites. This means your claim isn't just against your employer; in many cases it also involves a third-party lawsuit against these more powerful entities.

At The Perecman Firm, we have spent over four decades representing Long Island residents in these exact situations. We see the person behind the case file—the provider, the parent, the skilled tradesperson whose life has been upended. If you or a loved one was harmed on a construction site, the first step is a conversation. Call us at (212) 977-7033 to understand your rights.

Why Long Island Families Trust The Perecman Firm

For families across Nassau and Suffolk counties, The Perecman Firm has been a steadfast advocate for generations, turning legal challenges into futures rebuilt.

A 40-Year Focus on Your Fight

For over four decades, our practice has been dedicated to securing justice for injured New Yorkers, with a deep concentration on construction site accidents. We have recovered nearly $1 billion for our clients, a testament to our history of succeeding in difficult cases against well-funded opponents.

A Record of Rebuilding Futures

Our history is defined by results that provide real security. This includes a $19 million settlement for a severely injured ironworker and a $9.9 million settlement for another construction worker—the highest of its kind in New York for that year.

Your Case Is Our Cause

We offer a free, no-obligation case review to help you understand your options. Our firm operates on a contingency fee basis, meaning you pay nothing unless we win your case. Our office, located at 250 West 57th Street near Columbus Circle, is a straightforward trip from Long Island.

What Compensation Can Be Recovered After a Construction Site Brain Injury?

A personal injury claim aims to provide financial stability for you and your family, covering every cost and loss stemming from the accident. These damages are typically broken into three distinct categories.

Economic Damages: The Tangible Costs

These are the calculable losses, the ones that come with bills and receipts.

• Medical Expenses: This covers everything from the first ambulance ride and emergency room visit to future needs like cognitive therapy, rehabilitation, medications, and in-home nursing. We work with experts to project these costs over a lifetime.
• Lost Income: These are the wages you've already lost while unable to work. We meticulously document this with pay stubs and employment records.
• Diminished Earning Capacity: A brain injury can make returning to the physical demands of construction impossible. This compensation addresses the lifetime difference in income you will likely face.
• Vocational Retraining: If your injuries require you to learn a new trade, this category covers the costs of that education, creating a pathway to a new career.

Non-Economic Damages: The Human Cost

These damages are for the losses that don't come with a price tag but are just as real. 

• Pain and Suffering: This compensates for the physical pain and emotional distress—the chronic headaches, the dizziness, the frustration of memory loss, and the daily battle with symptoms.
• Loss of Enjoyment of Life: This is for the inability to participate in hobbies, family activities, and the simple routines you once took for granted. It recognizes that your life has been fundamentally changed.
• Mental Anguish: This includes conditions like anxiety, depression, or PTSD that can surface after a traumatic event. 

Punitive Damages: A Measure of Punishment

In rare instances where a defendant's actions were exceptionally reckless or showed a conscious disregard for safety, a court may award punitive damages. This is not to compensate you for a loss but to punish the at-fault party and deter similar behavior in the future.

What if a Brain Injury Becomes a Wrongful Death Case?

Tragically, some severe traumatic brain injuries are fatal. When this happens, the legal focus shifts from a personal injury claim to a wrongful death action, which provides a way for the victim’s family to seek justice and financial stability. New York law outlines a specific process for these situations.

Two types of claims can be brought on behalf of the deceased:

• A Survival Action: This claim is a continuation of the personal injury case the victim would have had if they survived. It seeks compensation for the conscious pain and suffering the deceased endured from the moment of injury until their death. This could include compensation for fear, pain, and emotional distress. Any funds recovered go to the deceased's estate.
• A Wrongful Death Action: This claim is filed on behalf of the surviving family members (distributees) for the economic losses they have suffered due to their loved one's death. This includes lost wages and financial support the deceased would have provided, the value of parental guidance for surviving children, and funeral and burial expenses.

Under New York law, the personal representative of the deceased's estate is the one who must file these claims. The damages recovered are then distributed to the surviving family members according to state law. The statute of limitations for a New York City wrongful death claim is typically two years from the date of death, a much shorter window than the standard personal injury deadline.

The Dangers of Long Island's Construction Boom

Development is surging across Nassau and Suffolk counties. From new transit-oriented housing in towns like Mineola and Huntington Station to major infrastructure projects, Long Island is a hub of construction activity. While this growth fuels the economy, the pressure to meet deadlines commonly leads to safety protocols being ignored.

Where Accidents Happen Most:

• New Residential Developments: The rapid construction of homes, apartments, and mixed-use complexes create environments where safety takes a backseat to speed.
• Infrastructure and Roadway Projects: Work on major arteries like the Long Island Expressway (LIE) or Sunrise Highway involves heavy machinery and complex logistics, elevating the risk for workers.
• Commercial Renovations: Redeveloping shopping centers and converting old buildings often involves demolition and work at heights, two of the most common sources of severe injuries.

A Look at the Statistics

• In one recent year, the construction worker fatality rate in New York State rose to 10.4 per 100,000 workers.
• New York City, where many Long Island residents work, saw 482 construction-related injuries and seven fatalities in another recent year.
• Falls remain the leading cause of death and serious injury on construction sites, frequently involving ladders and scaffolding.
• A staggering 77% of construction workers who died in New York State in a recent year were on non-union job sites, according to a NYCOSH analysis of OSHA investigations.

Your Rights Under New York's Special Construction Laws

New York State law gives special protections to construction workers, recognizing the exceptional dangers of the trade. These laws put a high burden of responsibility on property owners and general contractors to keep a site safe.

Common Causes of Traumatic Brain Injuries on Job Sites:

• Falls from Heights: The most common cause, involving falls from ladders, scaffolds, roofs, or other elevated areas.
• Struck-By Falling Objects: When unsecured tools, materials, or equipment fall and hit a worker below.
• Heavy Machinery Accidents: Incidents involving cranes, forklifts, excavators, and other powerful equipment.
• Trench or Excavation Collapses: When the walls of an unsecured trench fail, trapping and crushing workers.
• Electrocutions and Explosions: Contact with live electrical components or blasts can cause direct brain trauma or secondary injuries from a fall.

The Laws That Protect You:

Three key sections of New York Labor Law are the bedrock of a construction worker's rights.

• New York Labor Law § 240(1) (The "Scaffold Law"): In simple terms, this law holds property owners and general contractors strictly liable for injuries caused by gravity-related dangers. If you fall from a height or are struck by a falling object because of missing or inadequate safety devices, you generally do not have to prove negligence to have a valid claim.
• New York Labor Law § 241(6): This law demands that all construction, demolition, and excavation sites follow specific, detailed safety rules found in the New York State Industrial Code. If a violation of one of these specific rules leads to your injury, the owner and contractor can be held liable.
• New York Labor Law § 200: This is the state's general workplace safety law. It requires employers and site owners to provide a work environment that is reasonably safe and free from known hazards. This law covers a wider range of dangers not specifically tied to height or code violations.

Facing the Insurance Company and Corporate Legal Teams

After an injury, you are up against a business. The insurance carriers for contractors and property owners have one primary objective: protect their bottom line. This means paying as little as possible, and they have teams of adjusters and lawyers dedicated to that mission.

We Anticipate These Tactics and Know How to Counter Them

• The Premature Settlement Offer: An adjuster may contact you soon after the accident with a quick payment. This offer looks good when bills are mounting, but it is almost always a fraction of what you will need for the long-term costs of a brain injury. Accepting it closes the door on any future compensation.
• The Recorded Statement Request: They will ask to record a statement, framing it as "just trying to understand what happened." However, know that anything you say can be twisted to devalue your claim or shift blame to you. We handle all these communications for you.
• Questioning the Injury's Severity: With TBIs, it is a common tactic for insurers to argue that your symptoms—especially cognitive or emotional ones like memory loss, confusion, or anxiety—are exaggerated or unrelated to the accident.
• Attempting to Shift Blame: They will look for any reason to argue the accident was your fault, even when New York's powerful Labor Laws should protect you. They might claim you weren't paying attention or misused safety gear.

Protecting Your Case While You Recover

While our firm handles the legal work, there are practical things you should do to strengthen your claim.

• Follow Your Medical Treatment Plan: Attending every doctor's appointment and therapy session creates an undeniable record of your injuries and your commitment to recovery.
• Keep a Daily Journal: A brain injury's true impact isn't always visible on a scan. Write down your daily struggles: the headaches that flare up on cold mornings, the memory lapses that lead to frustration, the moments of confusion, or the difficulty concentrating. This journal becomes a powerful, human account of your experience.
• Organize All Paperwork: Keep every medical bill, pharmacy receipt, insurance statement, and pay stub in one place. These documents are the building blocks we use to prove your financial losses.
• Avoid Social Media: Assume the insurance company is watching your online profiles. A single photo or comment, however innocent, can be taken out of context to argue that your injuries are not as severe as you claim. The safest path is to stop posting while your case is active.
• Direct All Calls to Our Office: You do not have to speak with insurance adjusters or lawyers for the other side. It is their job to minimize your claim. Simply tell them, "You'll need to speak with my attorney," and give them our number.

Frequently Asked Questions About Construction Site Brain Injury Claims

Let Us Handle the Legal Burden, So You Can Focus on Healing

We are ready to put our decades of focused experience to work for you. If you or someone you love was injured on a construction site and suffered a brain injury in New York City, contact The Perecman Firm for a free, confidential consultation.

Call us today at (212) 977-7033.