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Incomplete Spinal Cord Injury

An incomplete spinal cord injury means that the spinal cord has not been fully severed. This allows the injured construction worker to retain some degree of motor or sensory function below the level of the injury. These injuries can result in varying levels of impairment, from mild weakness to significant paralysis. The extent of recovery depends on the location and severity of the trauma, the speed and quality of emergency care, and access to long-term rehabilitation.

Complete Spinal Cord Injury

A complete spinal cord injury occurs when the spinal cord is fully crushed or severed, eliminating all sensory and motor function below the site of the injury. This type of injury generally results in either paraplegia or quadriplegia. Paraplegia involves paralysis of the lower body, while quadriplegia affects all four limbs and the torso. Workers with complete injuries face life-altering changes and typically require extensive medical care and assistive devices.

Cervical, Thoracic, Lumbar, and Sacral Injuries

The level at which the spinal cord is damaged plays a critical role in the severity of the injury. Cervical spine injuries (C1–C7) are the most severe and can result in full-body paralysis and even respiratory failure. Thoracic (T1–T12) and lumbar (L1–L5) injuries typically affect the trunk and lower limbs, while sacral (S1–S5) injuries may impair pelvic organ function and mobility.

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Secondary Injuries

Following the primary trauma, workers are at risk of developing secondary complications such as spinal swelling, blood clots, infections, and autonomic dysreflexia. These complications can worsen the prognosis and complicate recovery, making it essential to monitor and treat these risks promptly.

Causes of Spinal Cord Injuries in New York Construction Accidents

Construction work in New York is inherently hazardous. The leading causes of spinal cord injuries on site include:

  • Falls from Heights: Falls from scaffolding, ladders, roofs, or incomplete structures are among the most frequent causes.
  • Falling Objects: Heavy tools, machinery parts, or debris falling onto a worker's back or neck can compress or sever the spinal cord.
  • Trench Collapses: When a trench collapses, a worker can be buried or crushed, resulting in trauma to the spine.
  • Scaffold Collapses: Defective or improperly erected scaffolds pose a serious risk of spinal trauma when they collapse.
  • Heavy Equipment Accidents: Forklifts, cranes, and bulldozers can run over workers or trap them in pinch points.
  • Explosions and Electrocutions: These incidents can throw a worker against a hard surface or cause violent muscular contractions that injure the spine.
  • Vehicle Collisions: On-site vehicles like dump trucks or cement mixers can cause violent impacts resulting in spinal injuries.

Long-Term Impact of a Spinal Cord Injury on a New York Construction Worker

The ramifications of a spinal cord injury are life-altering, particularly for construction workers whose labor-intensive careers end with such trauma. The long-term effects include:

  • Permanent Paralysis: Depending on the severity and site of the injury, the worker may lose the ability to walk, move, or control vital bodily functions.
  • Chronic Pain: Many spinal injury victims suffer persistent neuropathic pain that is difficult to manage even with strong medication.
  • Bladder and Bowel Dysfunction: Loss of control over urinary and gastrointestinal functions is common, requiring lifelong use of catheters or colostomy bags.
  • Respiratory Complications: Injuries to the cervical spine can affect the diaphragm and require mechanical ventilation.
  • Psychological Trauma: Depression, PTSD, and anxiety may accompany the physical injuries due to the drastic life changes and loss of independence.
  • Loss of Income: A spinal injury could end the construction worker's career permanently, leading to a drastic drop in income and increased dependence on others.
  • Need for Continuous Care: Many victims require in-home nursing, physical therapy, mobility aids, and frequent medical evaluations for the rest of their lives.
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Types of Damages in Spinal Cord Injury Claims of New York Construction Workers

Victims of spinal cord injuries may be entitled to a broad range of damages under New York law:

  • Medical Expenses: Past and future medical bills, surgical costs, rehabilitation, physical therapy, medication, assistive devices, and hospitalizations.
  • Lost Wages and Earning Capacity: Compensation for time missed from work and any reduction in the ability to earn a living in the future.
  • Pain and Suffering: Non-economic damages to compensate for physical pain, emotional trauma, and diminished quality of life.
  • Permanent Disability: When a worker is left permanently impaired, courts may award damages to reflect the loss of bodily function and independence.
  • Home Modifications: Victims may need wheelchair ramps, accessible bathrooms, hospital beds, and other accommodations.
  • Loss of Consortium: If the injury has affected the victim's relationship with their spouse or family, additional compensation may be pursued.
  • Punitive Damages: In rare cases involving egregious negligence or intentional misconduct, courts may award punitive damages to punish the liable party.

New York Laws to Protect the Rights for Construction Workers Who Suffered Spinal Cord Injuries

New York has one of the most comprehensive sets of labor laws in the country to protect construction workers:

Labor Law Section 240 (Scaffold Law)

This law provides strict liability against property owners and contractors for falls from heights. If a spinal injury occurs due to an inadequate safety device (e.g., defective harness), the owner or contractor is automatically liable.

Labor Law Section 241(6)

This mandates that all construction sites comply with the New York State Industrial Code. If a spinal injury results from a code violation (such as unguarded edges or lack of protective gear), liability may be imposed.

Labor Law Section 200

This is the general duty clause requiring owners and contractors to maintain a reasonably safe worksite. Spinal cord injuries caused by negligent supervision, training, or maintenance may be compensable under this law.

Workers’ Compensation Law

Workers injured on the job are entitled to medical treatment and partial wage replacement regardless of fault. However, this does not preclude third-party lawsuits against negligent subcontractors, equipment manufacturers, or other non-employers.

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Frequently Asked Questions

Can I File a Claim Even If the Spinal Cord Injury Developed Over Time, Not From a Single Incident?

Yes. While many spinal cord injuries on construction sites are the result of sudden trauma, some injuries develop progressively due to repetitive stress, improper lifting, or undiagnosed back trauma that worsens over time. If your injury was caused or aggravated by unsafe working conditions, a lack of proper training, or defective equipment, you may still be eligible for compensation through a workers’ comp claim or third-party lawsuit.

Can I Sue a Third Party for My Spinal Cord Injury if I’m Receiving Workers’ Compensation?

Yes. In New York, injured construction workers can receive workers' compensation benefits and still pursue a third-party liability claim if someone other than their employer (such as a subcontractor, equipment manufacturer, or property owner) contributed to the accident. These claims can provide significantly higher compensation than workers’ comp alone, including damages for pain and suffering.

How Important Is Vocational Evidence in a Spinal Injury Construction Lawsuit?

Vocational experts may be brought in to assess how the injury impacts your ability to work, both now and in the future. This can influence claims for lost earning capacity. Their testimony can be critical in cases where the worker can no longer return to construction work and must be retrained for other employment, or is permanently disabled.

Is It Possible to Get Compensation for Home Renovations and Vehicle Modifications?

Yes. In spinal cord injury cases, courts and insurance companies may award compensation for future needs, including accessibility renovations like ramps, widened doorways, stair lifts, and customized vehicles with adaptive controls. These costs must be documented by medical and life-care planning experts to be successfully included in your claim.

What If I Was an Undocumented Worker When I Was Injured?

New York law provides workers’ compensation benefits to all workers, regardless of immigration status. Additionally, you may still have the right to file a personal injury lawsuit. Your legal status should not deter you from seeking justice or rightful compensation.

Our NYC Construction Accident Lawyer Will Fight to Maximize Your Compensation

At the Law Offices of Michael S. Lamonsoff, PLLC, our founding attorney Michael S. Lamonsoff, widely known as “The Bull,” leaves no stone unturned when fighting for construction workers suffering from spinal cord injuries. Licensed in all State and Federal Courts in New York, Mr. Lamonsoff brings relentless intensity, elite courtroom skill, and an unmatched reputation to every case.

His peers have recognized him through his Super Lawyers selection and his role on the Board of Directors of the New York State Trial Lawyers Association. If you have suffered a spinal cord injury on a New York construction site, we are ready to aggressively pursue the maximum compensation you are entitled to under the law. To schedule your free consultation, call us at 212-962-1020 or fill out this online contact form.

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