Construction sites are high-risk environments where gravity, heavy machinery, and fast-paced labor intersect. While safety protocols are designed to keep workers safe, a single mistake or a piece of failing equipment can lead to a life-altering accident. Among the most devastating results of these incidents is a traumatic brain injury (TBI). Because the brain controls every aspect of human function, a TBI can strip a worker of their cognitive abilities, physical coordination, and emotional stability in an instant.

If you or a loved one has suffered a head injury on a job site, you are likely facing an uphill battle of medical appointments, lost income, and overwhelming stress. The most pressing question often becomes: Can I file a claim? The answer is rarely a simple "yes" or "no." It depends on a variety of factors, including your employment status, the cause of the accident, and the specific state laws governing workplace injuries and negligence.

We explore the legal pathways available to construction workers who have suffered brain injuries below. We will examine the differences between workers' compensation and personal injury lawsuits, the impact of safety violations, and how to hold negligent parties accountable. Understanding your rights is the first step toward securing the financial support needed for long-term recovery and rehabilitation.

The Reality of Traumatic Brain Injuries on Construction Sites

Construction workers face a heightened risk of head trauma due to the nature of their daily tasks. Whether it is a fall from a scaffold, being struck by a falling tool, or a collision with heavy equipment, the force involved in these accidents is often enough to cause significant brain damage. A TBI isn't always as obvious as a fractured skull; it can involve internal bleeding, swelling, or axonal shearing that disrupts the brain's internal communication.

Symptoms may not appear immediately, leading some workers to downplay the incident. However, dizziness, confusion, or a persistent headache can be early warning signs of a serious neurological issue. Because the costs of treating a TBI—including emergency surgery, long-term cognitive therapy, and around-the-clock care—can reach into the millions, identifying every possible legal avenue for compensation is a necessity for the victim's future.

How Do I File a Workers’ Comp Claim for a Construction Head Injury?

In most cases, if you are a traditional employee injured on the job, your primary source of recovery is workers' compensation. Workers' comp is a "no-fault" system, meaning you do not have to prove that your employer did anything wrong to receive benefits. As long as the injury occurred during the "course and scope" of your employment, you are generally entitled to:

• Medical Treatment: Coverage for all reasonable and necessary care related to your brain injury.
• Income Replacement: A portion of your average weekly wage while you are unable to work.
• Permanent Disability Benefits: Payments if your TBI results in long-term impairment that prevents you from returning to your previous role.

However, there is a trade-off. By accepting workers' comp benefits, you typically give up the right to sue your employer for negligence. Furthermore, workers' comp does not cover "non-economic" damages like pain and suffering or loss of enjoyment of life, which are often the most significant impacts of a brain injury.

Can I Sue a Third Party for a Construction Site Brain Injury?

While workers' comp is the "exclusive remedy" against an employer, it does not prevent you from filing a third-party personal injury claim. This is a separate lawsuit filed against a party other than your employer whose negligence contributed to the accident. Construction sites often involve multiple contractors, equipment manufacturers, and property owners, any of whom could be liable.

Negligence of Third-Party Contractors

If you are working for a subcontractor and are injured because of the actions of the general contractor or a different subcontractor on-site, you may have a valid personal injury claim. Unlike workers' comp, a personal injury lawsuit allows you to seek compensation for your full lost wages, future earning capacity, and significant awards for pain and suffering.

Defective Equipment and Product Liability

If your TBI was caused by a defective safety helmet, a malfunctioning crane, or a collapsing ladder, the manufacturer of that equipment may be held responsible through a product liability claim. These cases rely on proving that the product was inherently dangerous or lacked sufficient warnings.

Do OSHA Violations Prove Negligence in a TBI Lawsuit?

The Occupational Safety and Health Administration (OSHA) sets strict standards for head protection on construction sites. Under 29 CFR 1926.100, employers are required to provide workers with approved protective helmets in areas where there is a potential for head injury from falling objects or electrical shock.

If a property owner or general contractor ignored these regulations—or failed to address a known hazard like unsecured debris—it can serve as powerful evidence of negligence in a third-party claim. While an OSHA violation does not automatically win a case, it demonstrates a "breach of duty" that contributed to the traumatic event.

Can I Still Get Compensation if I Wasn't Wearing a Hard Hat?

If you were partially responsible for the accident, it doesn't necessarily mean you can't file a claim. Many states follow modified comparative negligence rules. Under these laws, you can still recover damages as long as you are not more than 50% (or in some states 51%) at fault.

However, your total compensation will be reduced by your percentage of blame. If a jury awards $1 million but finds you 20% responsible, you would receive $800,000. A skilled construction accident attorney focuses on minimizing any fault assigned to you to ensure your settlement remains as high as possible

What Is the Average Settlement for a Traumatic Brain Injury Case?

Because brain injuries are so severe, settlements and verdicts in these cases are often among the highest in personal injury law. Factors that influence the value include the age of the victim, the severity of the cognitive impairment, and whether the victim can ever return to the workforce.

Case results from firms like Brandon J. Broderick have seen TBI-related recoveries ranging from hundreds of thousands to tens of millions of dollars. For example, a construction worker who suffered a TBI from a falling debris chute previously secured a $44 million settlement package to cover a lifetime of care. While every case is unique, the goal of a claim is to ensure the victim never has to worry about the financial cost of their medical needs.

Call Brandon J. Broderick For Legal Help

A traumatic brain injury changes everything—not just for the worker, but for their entire family. When you are focused on relearning basic tasks or managing medical appointments, the last thing you should be doing is fighting with insurance adjusters or navigating complex court filings.

At Brandon J. Broderick, Attorney at Law, we have seen firsthand the devastation these accidents cause. Our team is dedicated to uncovering every available source of compensation, whether through workers' comp, third-party lawsuits, or product liability claims. We handle the investigation, the expert testimony, and the aggressive litigation needed to hold negligent parties accountable while you focus on healing.

We operate on a contingency fee basis, meaning you pay nothing unless we win your case. If you or a loved one is dealing with the aftermath of a construction site head injury, don't wait for the statute of limitations to expire. Contact our office today for a free consultation and let us help you build a path toward a more secure future.

Suffering a construction site TBI often entitles you to more than just basic workers' compensation benefits. Partnering with a dedicated brain injury lawyer is the best way to explore third-party claims and secure the maximum compensation needed for long-term recovery.