Your spouse’s life changed in an instant, and they deserve compensation for the traumatic brain injury they suffered on their New York or New Jersey construction site.
Traumatic brain injuries in construction are particularly devastating, affecting not just the injured worker but their entire family.
In New York and New Jersey, specific labor laws provide essential protection for construction workers who suffer life-altering injuries. Understanding these legal protections is crucial for securing your family's financial support during this challenging time. The experienced New York and New Jersey construction accident lawyers at Hofmann & Schweitzer have been representing injured construction workers for decades, and we are here to answer your questions and help your family.
New York and New Jersey Construction Injury Labor Laws
New York's labor laws provide some of the strongest protections for injured construction workers. These protections go beyond standard workers' compensation benefits.
New York Labor Law Section 200 establishes a general duty for construction site owners and contractors to provide reasonable and adequate worker protection. This means they must maintain safe working conditions and may be held liable if unsafe conditions cause a brain injury.
Labor Law Section 240, known as the "Scaffold Law," offers powerful protection for workers injured in falls or by falling objects—common causes of traumatic brain injuries. This law holds property owners and contractors strictly liable for gravity-related injuries when proper safety equipment isn't provided. Unlike typical negligence claims, your spouse wouldn't need to prove the contractor was negligent. Instead, your spouse only needs to prove that the safety violation happened and resulted in their injury.
Section 241(6) requires construction areas to comply with specific safety regulations outlined in the New York Industrial Code. Violations that result in injuries like your spouse’s brain injury can establish grounds for liability against site owners and contractors.
In New Jersey, the Construction Safety Act establishes standards for workplace safety. New Jersey allows injured workers to pursue third-party claims against negligent contractors and equipment manufacturers when their actions contribute to serious injuries like TBIs.
Types of Compensation Available After a Construction TBI
The financial impact of a traumatic brain injury extends far beyond initial medical bills. For example, we were able to recover $1,780,000 for a 60-year-old construction worker who suffered a mild brain injury and other injuries in a construction accident.
As we value your spouse’s claim, we will account for all potential damages, including:
Medical Expenses
Your spouse’s recovery may require extensive treatment, including emergency care, neurosurgery, rehabilitation therapy, cognitive therapy, and ongoing medical monitoring. A proper claim will include current medical expenses and the projected cost of future care, which for TBI patients often continues for years or even decades.
Lost Income and Earning Capacity
A traumatic brain injury often affects cognitive functions, memory, concentration, and physical abilities—all crucial for construction work. Your spouse’s claim should account for both current lost wages during recovery and future lost earning capacity if they can't return to their previous position or must work reduced hours.
Pain and Suffering
Your spouse deserves compensation for physical pain and emotional suffering. This includes compensation for depression, anxiety, personality changes, sleep disturbances, and other psychological damages.
Loss of Enjoyment of Life
Brain injuries often prevent victims from participating in activities they once enjoyed. If your spouse can no longer engage in hobbies, sports, or family activities they previously valued, this represents a significant loss that merits compensation.
Five Steps to Take to Secure Compensation After a Construction Brain Injury
The actions you take now can significantly impact your spouse’s eventual recovery. You can:
- Ensure your spouse receives comprehensive medical care from specialists experienced with TBIs. Proper documentation of their injuries and treatment will strengthen their claim.
- Preserve all evidence from the accident site. This includes photos of the location, equipment involved, and any safety violations. Witness statements from coworkers who saw the accident can be invaluable.
- Report the injury to all appropriate parties. Be sure the accident is reported to all site supervisors and contractors who may bear responsibility.
- Keep detailed records of all expenses related to the injury. Possible expenses include medical bills, travel costs for treatment, and adaptations needed for your home.
- Consult with a New York and New Jersey construction injury attorney experienced with traumatic brain injury cases. An experienced lawyer can protect your spouse’s rights and recovery.
Your spouse deserves the full compensation available under New York and New Jersey law. With proper legal representation, you can focus on your loved one’s recovery while your attorney handles building a comprehensive claim.
