For legal assistance, contact us toll free at 1-866 BRAINLAW
 

Brain Trauma Lawyers with Experience

Brain Trauma lawyers at De Caro & Kaplen, LLP have provided compassionate legal representation to victims of construction accidents and their families for the past 26 years. Our experience as New York construction accident lawyers have really helped our clients suffering from brain trauma and other serious injury receive favorable verdicts and settlements. Diligently studying construction practices, construction codes, and safety equipment, we are prepared to show how the contractor, subcontractor, employer, site owner, or manufacturer failed to provide workers with a safe work site, sufficient equipment, or proper assistance.

The mangled finger of a client successfully represented by De Caro & Kaplen against a construction company that provided a dangerous power saw.

The mangled finger of a client successfully represented by De Caro & Kaplen against a construction company that provided a dangerous power saw.

Our extensive knowledge of brain trauma and the life-long consequences of brain damage allow us to prove the extent of your injury to a jury. While in other cases, our comprehensive understanding of medicine enables us to prove the fractures and other orthopedic injuries received in falls on construction work sites.

Our construction accident law firm handles workplace and construction accidents throughout New York City including Bronx, Brooklyn, Manhattan, Queens, and Staten Island, as well through the surrounding areas of Nassau, Suffolk, Westchester, and Rockland counties. We have also represented construction workers injured in Albany, Buffalo, Rochester, Syracuse, and throughout New York State.

We have assisted construction workers who have sustained brain trauma as well as other personal injury due to unsafe work sites, improper safety standards, and unsafe equipment receive the compensation that they deserve.

Construction Accidents: What You Should Know

 
Construction accidents are unfortunately a frequent happening. When a construction worker is injured, the working conditions leading up to the accident are frequently implicated as the precipitating cause. Federal safety measures known as Occupational Safety & Health Administration (OSHA) regulations and state construction safety codes are in place to prevent these construction site accidents from occurring.

Unfortunately, these work site accidents are a direct result of the contractor, subcontractor, or construction site owner failing to properly uphold these OSHA regulations and safety codes. Due to this negligence, construction workers suffer very serious injury, including brain trauma. In many of these cases, a construction worker is not limited to workers compensation benefits and can bring a law suit against other entities involved in the construction project for sustained injuries. In order to determine if you are limited to workers compensation benefits, you need to consult lawyers who understand construction site accident law, such as our New York construction accident lawyers.

Construction Accident Lawyers with Experience

 
Construction accident lawyers at De Caro & Kaplen, LLP have handled numerous cases related to construction accidents with a variety of circumstances. This amount of varied experience provides our New York construction accident lawyers with the knowledge required to prove fault rests with the site owner. Regardless of how personal injuries were sustained, we at De Caro & Kaplen, LLP can prove they are a direct result of negligence on part of the contractor, subcontractor, employer, site owner, or manufacturer.

Construction Injuries and Brain Trauma Caused by Falls

 
In cases where construction workers were injured as a result of falls, we have been able to show that the necessary safety laws require ladders to be properly secured and of a proper height, scaffolds to be in proper repair with proper railings, and holes and other openings to be properly guarded. In these and other instances of construction accidents, we have retained the services of trained construction safety experts, including former OSHA supervisors to review the facts of the construction accident and determine fault.

We have represented a painter, painting an elevated subway station in the Bronx. He fell 40 feet from a lift truck to the ground. The truck was not properly secured and he was not supplied with adequate safety devices including a safety harness in violation of state construction safety standards and OSHA requirements. When the wheels of the truck slipped, his resultant fall caused multiple fractures and brain trauma.

In another case, a construction worker fell from an unguarded opening on the deck of an elevated construction site causing severe brain damage. In yet another tragic instance of a fall caused by improper safety precautions, a construction worker fell, causing both head injury and fractures when his scaffold was not properly maintained.

In one case, Michael Kaplen and his partner Shana DeCaro represented a sheet rock taper that fell from a ladder in the lobby of a Manhattan apartment building and broke both his wrists. As New York construction accident lawyers, we were able to show that the ladder he was supplied with was too short. As a result, he had to stand on the top rung, a dangerous and unsteady position which caused the ladder to tip over and fall.

Electricians and other construction workers are frequently injured because of unsafe and poorly maintained ladders they are forced to work with. Often a construction worker will strike his or her head following a fall, resulting in brain trauma. We have successfully represented victims of construction accidents whose falls were caused by the unsafe ladders supplied to them.

Construction Injuries Caused by Faulty Equipment and Negligent Operators

 
Construction equipment is not properly repaired or permitted to be operated without proper safety guards in place are also frequent causes of construction accidents where we are called upon to represent the construction worker.

In one case, a carpenter was using a table saw that lacked a proper safety guard. When the wood being cut got caught in the saw blade due to the lack of a safety guard, the worker’s finger was cut off.

In another case, a garbage compactor that did not have automatic safety turn-off devices was used, causing a worker’s arm to become trapped in the compactor’s crushing mechanism.

Cranes and Overhead Hazards causing Brain Injury and Electrocutions

 
A construction worker we represented was tragically electrocuted when a crane operator failed to notice the presence of an overhead utility line. The construction worker received severe electrical injury when the crane struck the overhead power line. The electric current traveled though the crane into his body while the construction worker was steadying a load being transported by the crane.

By careful re-creation of the construction accident and a review of the general contractor’s records, we were able to prove that not only was the crane operator in error, but the contractor failed to post necessary warnings about the presence of the power line, safe clearance distances, and failed to properly train its employees. Through our careful preparation and precedent setting case, highway construction projects in New York State now require proper warnings near overhead wires to prevent other needless construction accidents from happening.

We Care About Construction Site Safety

 
The skilled New York construction accident lawyers at De Caro & Kaplen, LLP understand the patterns of construction accidents and unsafe work sites. In prosecuting cases of injury to a construction worker, we make it a practice of obtaining all pertinent records from the general contractor and the sub-contractors at the work site. We look at safety inspection reports, safety meeting, and tool box safety meeting reports. We will review the construction photo logs, the records of the construction manager, and site safety inspectors to determine safety violations. Additionally, we will obtain OSHA compliance records and construction contracts.

Any construction accident lawyer should believe that construction workers are entitled to a safe work site, safe working conditions, and safe equipment. When brain trauma or other serious personal injuries occur, we are prepared to represent you in a court of law to obtain proper and just compensation.

Schedule a free, no obligation consultation with the New York construction site accident law firm of De Caro &Kaplen, LLP. Call us toll free at 1-866 BRAINLAW.


Our Credentials

Michael Kaplen

Professorial Lecturer in Law
The George Washington University Law School

Past Chair
New York State Traumatic
Brain Injury Coordinating Council

President
American Academy of Brain Injury Attorneys

Vice President
New York State Academy of Trial Lawyers

3 Term President
Brain Injury Association of
New York State

Past Chair
Traumatic Brain Injury Litigation
Group: American Association
For Justice

Past Chair
Motor Vehicle, Highway, Premises
Liability Section: American Association
For Justice

National Advisory Board
Association of Interstate
Trucking Lawyers of America

Past Co-Chair
Tort Section, New York County
Lawyers Association

Board of Directors
Trial Lawyers for Public Justice

Board of Governors, American Board of Professional Liability Attorneys

Board of Directors
New York Academy of Trial Lawyers

Editorial Board
Neurolaw Letter

Board Certified
Civil Trial Advocate
National Board of Trial Advocacy*

Board Certified
American Board of Professional
Liability Attorneys
Medical Liability*

Sustaining Member:
American Association for Justice
Public Justice Foundation

Member:
N.Y.S. Trial Lawyers Association
Florida Academy of Trial Lawyers
Southern Trial Lawyers
Association-Fellow
North American Brain Injury Association

Graduate of Marquette University, College of Health Sciences, in Neuro Anatomical Dissection of the Human Brain and Spinal Cord

Honors & Awards:

New York Super Lawyer
2006, 2007, 2008, 2009, 2010

Top 100 New York Trial Lawyers -
American Trial Lawyer Association

Trial Lawyers for Public Justice
Public Achievement Award

Board of Trustees, Melvin M. Belli Society

Shana DeCaro

1st Vice President
American Academy of Brain Injury Attorneys

Treasurer
Traumatic Brain Injury Litigation Group: American Association for Justice

Board of Trustees, Secretary
Civil Justice Foundation

Board of Directors
New York State Academy of Trial Lawyers

Fellow
American Association for Justice

Fellow
Melvin M. Belli Society

Editor
Law Update
New York Academy of Trial Lawyers

Amicus Counsel
New York State Academy of Trial Lawyers

Honors and Awards

Trial Lawyers for Public Justice
Public Achievement Award

President’s Award
New York State Academy of Trial Lawyers

Who’s Who in American Women

Who’s Who in American Law

Top 100 New York Trial Lawyers-American Trial Lawyers Association

Elite Lawyers Of America

Graduate of Marquette University, College of Health Sciences, in Neuro Anatomical Dissection of the Human Brain and Spinal Cord

Member:

New York Academy of Trial Lawyers

New York State Trial Lawyers Association

Brain Injury Association New York State

North American Brain Injury Association

Member:
Nursing Home Litigation Group
American Assoc. for Justice

Interstate Trucking Litigation Group
American Assoc. for Justice

Brain Trauma Litigation Group
American Assoc. for Justice

Ask The Expert
Contributing Author
BrainLine

Admitted to Practice:

New York State
United States Court of Appeals, Second Circuit
United States Federal District Courts:
Southern, Eastern and Northern Districts of New York
United States Tax Court
United States Court of International Trade

 

* The National Board of Trial Advocacy and the American Board of Professional Liability Attorneys are not affiliated with any government authority. Certification is not a requirement for the practice of law in the State of New York and does not necessarily indicate greater competence than other attorneys experienced in this field of law.