His clients call Michael Lamonsoff “The Bull” because he never stops fighting for them. Thanks to “The Bull” and his team of top-rated litigators, the Law Offices of Michael S. Lamonsoff, PLLC., is consistently rated as one of the top personal injury law firms in New York City.
Traumatic Brain Injury Accidents on New York Construction Sites
Types of Traumatic Brain Injuries that May Occur in New York Construction Site Accidents
Traumatic brain injuries (TBIs) among construction workers in New York are alarmingly common due to the inherently hazardous nature of the industry. TBIs can range from mild to severe and usually involve long-term cognitive, emotional, and physical impairments. Some of the most frequent types include:
Concussions
Concussions are among the most common forms of traumatic brain injury experienced by construction workers. They typically result from falls, being struck by falling objects, or head collisions with machinery or scaffolding. While classified as “mild” TBIs, concussions can produce serious symptoms such as memory lapses, dizziness, headaches, and cognitive impairment. Multiple concussions over time can result in chronic traumatic encephalopathy (CTE), a degenerative brain condition with permanent consequences.
Contusions
Brain contusions refer to bruising of brain tissue, usually caused by a direct impact to the head, such as being struck by a piece of equipment or falling debris. The result is localized bleeding and swelling within the skull. Depending on the severity and location, contusions can impair speech, motor function, or memory. In some cases, surgical intervention may be required to relieve intracranial pressure.
Coup-Contrecoup Injuries
This type of injury occurs when the brain strikes the inside of the skull due to a sudden jolt or impact, and then rebounds to hit the opposite side. The dual-impact nature of coup-contrecoup injuries makes them especially dangerous, as they damage two areas of the brain simultaneously. Such injuries are common in falls from heights or ladder collapses on construction sites.
Diffuse Axonal Injury
One of the most severe forms of TBI, diffuse axonal injury (DAI) results from rotational forces or severe shaking that cause the tearing of nerve fibers throughout the brain. DAIs are generally seen in falls involving sudden deceleration or violent impact. Victims may fall into a coma and suffer permanent cognitive or motor deficits.
Penetrating Brain Injuries
These are catastrophic TBIs caused by sharp or high-velocity objects penetrating the skull, such as a nail gun misfire, falling rebar, or shrapnel from an explosion. These injuries almost always require emergency neurosurgery and are associated with high mortality or lifelong disability. In wrongful death cases involving penetrating brain injuries, family members can recover damages.
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Causes of Traumatic Brain Injuries in New York Construction Accidents
TBIs can be triggered by numerous construction site hazards:
Falls from Heights
Falls are the leading cause of traumatic brain injuries on New York construction sites. Whether from scaffolding, ladders, rooftops, or unguarded edges, a fall from elevation can lead to devastating head trauma. In many cases, these falls are preventable with proper fall protection systems, guardrails, and safety harnesses. Unfortunately, when employers fail to comply with New York Labor Law §240 (Scaffold Law), workers are placed at extreme risk for brain injuries ranging from concussions to fatal blunt-force trauma.
Falling Objects
Being struck by falling tools, bricks, beams, or other materials is another common cause of TBIs. Even with hardhats, the force from a dropped object at a sufficient height can penetrate protective gear or cause severe impact. Inadequate securing of overhead materials, poor site supervision, or failure to enforce PPE requirements are common contributing factors.
Equipment Malfunctions
Heavy construction machinery like forklifts, cranes, bulldozers, and concrete mixers can cause head injuries when they malfunction, or are improperly used. For example, a dropped load from a crane or a mechanical failure in a lift bucket can result in a worker being struck or thrown violently. Lack of proper training, maintenance lapses, and inadequate safety inspections are often behind these incidents.
Explosions and Blasts
Explosions on construction sites due to gas leaks, electrical faults, or mishandled flammable materials can lead to traumatic brain injuries through both blunt force trauma and concussive pressure waves. Workers may be thrown by the blast or hit by flying debris.
Slip and Trip Accidents
Uneven surfaces, debris, spilled substances, or tangled cords can cause a worker to trip or slip and strike their head on concrete, steel, or machinery. These often-overlooked hazards are a frequent cause of concussions and brain bruising.
Struck by Vehicles or Equipment
Construction workers are also at risk of being struck by moving trucks, excavators, or loaders, particularly on roadwork and large industrial sites. These impacts can cause severe closed-head injuries or penetrating trauma.
Long-Term Impact of a Catastrophic Traumatic Brain Injury on a New York Construction Worker
The long-term implications of a severe TBI are devastating and often permanent:
- Cognitive impairments: These include memory loss, difficulty concentrating, impaired judgment, and reduced executive functioning. Such deficits can make it impossible to return to construction work or any occupation requiring mental acuity.
- Emotional and behavioral changes: TBIs can lead to personality changes, mood swings, aggression, depression, and anxiety. These changes can affect personal relationships and quality of life.
- Physical disabilities: Seizures, chronic headaches, loss of motor control, balance issues, and speech difficulties may develop.
- Dependency and care: Some workers require lifelong care, assisted living, or rehabilitation, resulting in enormous financial and emotional strain on families.
- Inability to return to work: With many jobs in construction being physically and cognitively demanding, most workers with moderate-to-severe TBIs are permanently disabled from returning to their previous roles.
Traumatic Brain Injuries FAQ
Can I pursue a traumatic brain injury (TBI) claim if I already receive workers’ compensation?
Yes. While workers’ compensation provides medical treatment and partial wage replacement, it does not cover pain and suffering or loss of future earnings beyond a capped amount. However, if your TBI resulted from the negligence of a third party, such as a subcontractor, equipment manufacturer, or property owner, you may have the right to pursue a third-party personal injury lawsuit for full compensation.
Are traumatic brain injuries always immediately apparent after a construction accident?
No. Some TBIs, especially concussions or diffuse axonal injuries, may not present severe symptoms immediately. Workers may experience delayed cognitive impairment, headaches, memory loss, or behavioral changes hours or even days later. That’s why medical evaluation and imaging (such as CT or MRI scans) should be conducted as soon as possible after any blow to the head on a construction site.
What happens if my employer claims I had a pre-existing brain condition?
Pre-existing conditions do not automatically bar recovery. Under New York law, if a construction accident worsens or aggravates a pre-existing condition, the responsible parties can still be held liable for the extent of the worsening. Comprehensive medical documentation and expert testimony are critical to separating pre-existing impairments from accident-related damage.
Can undocumented construction workers file a TBI claim in New York?
Yes. New York labor laws protect all construction workers regardless of immigration status. Undocumented workers injured in a construction accident (especially one involving a catastrophic injury such as TBI) may file claims under Labor Law §§ 240 and 241(6) or pursue third-party liability cases. Their immigration status cannot be used as a defense against legal responsibility.
Can a family member bring a TBI lawsuit if the worker cannot?
If a worker suffers a debilitating TBI and is mentally incapacitated, a legal guardian or family member can petition the court for guardianship and initiate a claim on the worker’s behalf. In cases involving wrongful death from a TBI, a family member may file a wrongful death lawsuit as the personal representative of the estate.
New York’s Most Feared and Respected Construction Accident Attorney is Ready to Fight for You
When a New York construction worker suffers a traumatic brain injury, they need an advocate who brings relentless power to the negotiating table and the courtroom. That is where Michael S. Lamonsoff “The Bull” comes in. Known for his aggressive litigation style and no-holds-barred pursuit of financial compensation, attorney Lamonsoff has obtained some of the largest settlements and verdicts in New York history.
The Bull’s achievements include a landmark $37 million award for an elevator mechanic who suffered a catastrophic injury. Our firm has earned its reputation as a legal powerhouse by never backing down, taking on even the most complex cases, and delivering life-changing results.
If you or a loved one has suffered a TBI on a construction site, contact the Law Offices of Michael S. Lamonsoff, where no case is too hard and no opponent too powerful. To schedule your free consultation, call us at 212-962-1020 or fill out this online contact form.
Member of:
- Board of Directors of NY State Trial Lawyers Association
- American Association for Justice
- NY County Lawyers Association
Educated at:
- University of Arizona
- Benjamin N. Cordozo School of Law
- Double post-masters degrees in psychology at Columbia University
Awards:
- 6X Super Lawyers Panel
- Million Dollar and Multi Million Dollar Advocates Forum
