Can you sue after a brain or spinal cord injury on a New York construction site?
Often, yes. Workers' compensation usually bars a lawsuit against your own employer, but New York Labor Law Sections 240(1) and 241(6) allow third-party claims against owners and contractors whose missing or inadequate safety protection caused the injury.
Traumatic brain injuries (TBIs) and spinal cord injuries from New York construction accidents usually start with one of a few events: a fall from a ladder, scaffold, or roof edge, or a blow from material that should have been secured. When an owner or contractor skipped the protection New York's Labor Law requires, the injured worker may have a claim against them that reaches well beyond workers' compensation.
If you or a family member suffered a head or spine injury on a New York construction site, a NYC construction accident lawyer at Washor Kool Sosa Maiorana & Schwartz, LLP can review what happened at no cost and explain your options for a third-party claim.
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Key Takeaways for Construction TBI and Spinal Cord Injury Claims in New York
The core rules for these claims come down to a few points:
- Falls from ladders, scaffolds, and roofs, along with falling objects, are common causes of construction brain and spinal cord injuries in New York.
- Labor Law 240(1) holds owners and contractors liable for gravity-related accidents, and a worker's own carelessness does not reduce that recovery.
- Labor Law 241(6) claims must rest on a specific Industrial Code rule, and the worker's share of fault can reduce the award.
- Workers' compensation pays nothing for pain and suffering, so the third-party claim is usually where you recover the full cost of a catastrophic injury.
- Most lawsuits must be filed within three years, but a claim involving the City or another public owner usually requires a notice of claim within 90 days.
How Construction Accidents Cause Brain and Spinal Cord Injuries
Most construction brain and spinal cord injuries come down to gravity: a worker falls, or something falls on a worker.
Common accidents behind these injuries on New York City sites include:
- Falls from ladders, scaffolds, roofs, and unprotected floor or shaft openings
- Being struck in the head by tools, stone, lumber, or other material falling from above
- Loads that swing or drop during hoisting, rigging, or crane work
- Being hit or pinned by excavators, forklifts, and other heavy equipment
- Trench and excavation collapses that bury or crush a worker
- Electrical shocks that throw a worker from a ladder or lift
Many workers suffer both a head injury and a spinal injury in a single accident. How the accident happened also shapes the legal claim, because New York's Labor Law treats falls and falling objects differently from other site hazards.
Why Do Early Records Matter in a Brain or Spinal Cord Injury Claim?
Medical and site records made in the first days after an accident often decide whether a brain or spinal cord injury claim holds up.
Delayed Diagnoses in Construction Brain Injury Cases
A delayed diagnosis is one of the first things the defense questions in a construction brain injury case. A worker who finishes the shift and sees a doctor days later may face the argument that something other than the accident caused the problem. Records made soon after the accident are often the most direct answer to that argument, and a NYC brain injury lawyer can help gather and preserve them.
Building a Consistent Medical Record
Prompt evaluation, a consistent account of how the accident happened, and regular follow-up care all strengthen the record. Many injured workers find it helpful to tell each provider exactly how they were hurt on the job, because those first records often become key evidence.
Which New York Laws Protect Injured Construction Workers?
Three sections of New York's Labor Law do most of the work in brain and spinal cord injury cases, and more than one can apply to the same accident. For a closer look at the two main statutes, see our guide to how Labor Law 240 and 241(6) differ.
Labor Law 240(1): Falls and Falling Objects
Labor Law 240(1), often called the Scaffold Law, requires owners and contractors to provide ladders, scaffolds, hoists, ropes, braces, and other devices that protect workers from gravity-related risks. If that protection was missing or inadequate and the failure caused the injury, the owner and contractor are liable. Owners of one- and two-family homes who do not direct or control the work are exempt.
A worker's own carelessness does not reduce the recovery under this section. The main defense is proving the worker was the only cause of the accident.
This section covers falling objects too, not only falling workers. In July 2026, the Appellate Division, First Department, affirmed summary judgment for a stone mechanic who was struck in the head when a 350-pound stone panel slipped from a coworker's grip during a lobby renovation.
In that case, Morina v. 250 Broadway Associates Corp., the court held that the building's owners, its condominium, and its managing agent could all be held responsible under the statute. It also rejected the argument that the worker's phone use reduced the defendants' liability.
Labor Law 241(6): Specific Safety Rule Violations
Labor Law 241(6) requires construction, excavation, and demolition areas to be run in a way that gives workers reasonable and adequate protection. To use it, a worker must show that a specific rule in the state's Industrial Code, the detailed construction safety regulations often called Rule 23, was violated and that the violation caused the injury.
Several of those rules connect directly to head and spine injuries. For example, Industrial Code Section 23-1.8(c)(1) requires an approved safety hat for anyone working where there is a danger of being struck by falling objects or of bumping their head. Other rules cover planking, guardrails, floor openings, and trench shoring.
Labor Law 200 and General Negligence
Labor Law 200 restates the general duty to keep a work site reasonably safe. The claim usually depends on a dangerous condition on the site or on a defendant that actually controlled how the work was done, and it often fills gaps the other two sections leave.
Why Workers' Compensation Falls Short After a Brain or Spinal Cord Injury
Workers' compensation generally prevents you from suing your own employer. Its benefits replace only part of your wages and pay nothing for pain and suffering, which is a small fraction of the real loss for a worker facing paralysis or permanent cognitive impairment.
Third-Party Claims Against Owners and Contractors
The Labor Law claims above are brought against other parties: the property owner, general contractor, construction manager, or a subcontractor that controlled the work. We pursue these third-party negligence claims for injured construction workers.
The Grave Injury Rule for Brain and Spinal Cord Injuries
The most severe injuries carry one more consequence. Section 11 of the Workers' Compensation Law lists "grave injuries," including paraplegia, quadriplegia, and a brain injury from an outside force that causes permanent total disability. For a brain injury, New York's Court of Appeals has read permanent total disability to mean the worker can no longer work in any capacity.
When a worker suffers a grave injury, the owner or contractor sued in the third-party case may bring the employer into the lawsuit to share the cost. The compensation carrier also usually holds a lien on any third-party recovery for benefits it already paid.
What Can a Brain or Spinal Cord Injury Claim Include?
A third-party construction injury claim can seek compensation for:
- Past and future medical care, including surgery, rehabilitation, and home health aides
- Lost wages and the loss of future earning ability, including union benefits
- Home and vehicle modifications, wheelchairs, and other equipment
- Pain, suffering, and the loss of enjoyment of life
- A spouse's claim for the loss of support, companionship, and services
Lifetime care is usually the largest part of these claims. The National Spinal Cord Injury Statistical Center publishes estimates of average health care and living expenses by injury level, shown here in 2024 dollars:
| Level of spinal cord injury | Average first-year expenses | Average expenses in each later year |
| High tetraplegia (C1 to C4) | $1,410,163 | $244,879 |
| Low tetraplegia (C5 to C8) | $1,018,966 | $150,222 |
| Paraplegia | $687,262 | $91,042 |
| Any level, with some motor function preserved | $460,224 | $55,900 |
Those averages leave out lost wages and benefits, and one worker's needs can run well above or below them. Proving future costs usually takes a life care planner, treating specialists, a neuropsychologist in brain injury cases, and an economist.
Fault can also change the numbers. Under New York's Civil Practice Law and Rules (CPLR), Section 1411 reduces damages in a construction case by the injured person's share of fault rather than barring the claim. A stricter rule, added in 2026, applies to injury claims arising from motor vehicle accidents covered by New York's no-fault law.
Say a jury values a Section 241(6) claim at $2,000,000 and finds the worker 25 percent at fault for not tying off. The award drops by $500,000, to $1,500,000. If the same accident qualifies under Section 240(1), that reduction does not apply, although the value of any claim still depends on its specific facts and medical evidence.
Evidence That Matters in a Catastrophic Construction Case
Construction sites change within days as scaffolds come down, debris is swept up, and damaged equipment disappears. Evidence that can make or break these claims includes:
- The ladder, harness, hard hat, or other equipment involved, kept exactly as it was after the accident
- Site photos, video, incident reports, and daily logs showing conditions on the day of the fall or strike
- Contracts, permits, and Occupational Safety and Health Administration (OSHA) or NYC Department of Buildings records showing who owned the property and who controlled the work
- Statements from coworkers and foremen who saw the fall or the falling object
- Emergency room records and early CT or MRI imaging of the head and spine
- Neuropsychological testing repeated over time
- Rehabilitation, pain management, and home care records that show how daily life has changed
We start building the case before a complaint is filed, so a jury can follow a clear, evidence-based account from start to finish. We also want to hear about weak points early, from you rather than from the defense at trial.
Our team can speak with clients in Spanish, and we know the trades, tools, and safety devices used on New York job sites.
Filing Deadlines After a Construction Brain or Spinal Cord Injury
A catastrophic injury does not pause the clock. These are the main deadlines for a New York construction brain or spinal cord injury claim:
- Lawsuit against a private owner, contractor, or other company: three years from the accident under CPLR 214(5)
- Notice of claim when the City of New York, the New York City Housing Authority, or another public entity owned the site: generally 90 days from the accident under General Municipal Law Section 50-e
- Lawsuit against the City or another public entity: generally one year and 90 days from the accident under Section 50-i of the same law
- Wrongful death claim brought by the family: generally two years from the date of death under the Estates, Powers and Trusts Law (EPTL) Section 5-4.1
Claims against the State of New York follow their own short filing rules in the Court of Claims. Exceptions and tolling rules can shorten or extend these periods, so the safest course is to confirm the deadline early.
New York Construction Brain and Spinal Cord Injuries: Questions Answered by Our Attorneys
Injured workers and their families often ask these questions after a serious head or spine injury on a New York job site.
Is a concussion from a construction accident serious enough for a lawsuit?
It can be. Unlike car accident claims under New York's no-fault insurance law, a Labor Law construction claim has no "serious injury" threshold, so a worker with a concussion can bring a claim if a safety violation caused it. The claimis value depends on how long the effects last and how they change the worker's job and daily life.
Can a severe brain injury extend the deadline to sue in New York?
Sometimes, but only in narrow cases. Under CPLR 208, the time to sue can be extended if the injured person was under a disability because of "insanity" when the claim arose, which New York courts read as an overall inability to function in society and protect one's legal rights. A documented brain injury alone is not enough, and the extension can never run past 10 years after the accident.
Who can bring the claim if a brain injury leaves a worker unable to manage their own affairs?
A court-appointed representative usually acts for the worker. Under CPLR 1201, a New York adult who cannot adequately protect their rights in a lawsuit appears through a guardian ad litem appointed by the court, and families can also seek a broader guardianship under Article 81 of the Mental Hygiene Law. A settlement for a person the court has found unable to manage their affairs generally needs a judge's approval under CPLR 1207.
What happens to a construction injury claim if the worker later dies from the injury?
The claim does not end. Under EPTL 11-3.2, New York's survival statute, the worker's personal representative can bring or continue the injury case for losses the worker suffered before death, including conscious pain and suffering. The family can also bring a separate wrongful death claim for the financial losses the death itself causes.
What if the 90-day notice deadline passed while I was in the hospital?
A New York court may allow a late notice of claim against the City or another public owner, but the request has to be made within the one year and 90 days allowed for the lawsuit itself. Under General Municipal Law Section 50-e(5), judges weigh factors such as whether the public owner learned the essential facts in time and whether the worker was physically or mentally incapacitated. Courts decide these requests case by case, so they are no substitute for meeting the original deadline.
Talk With Our New York Construction Injury Team
No amount of money undoes a brain or spinal cord injury, but a strong claim can pay for the care and support your family will need. If you were hurt on a New York construction site, our New York spinal cord injury attorneys and the team handling our traumatic brain injury claims can review what happened and explain your options.
You can also read about our construction accident representation, or call Washor Kool Sosa Maiorana & Schwartz, LLP at 212-406-1700 for a free consultation. We are available 24/7.
Our attorneys have recovered over $1 billion for injured people and their families.
Washor Kool Sosa Maiorana & Schwartz, LLP, The Woolworth Building, 233 Broadway #2020, New York, NY 10279. 212-406-1700.
Attorney Advertising. Prior results do not guarantee a similar outcome. Every case depends on its own facts. This article is for general information and is not legal advice.