
As researchers deepen their understanding of how slips, trips, and falls affect the human brain, industry leaders must evaluate enhanced protective measures to safeguard workers’ heads. Construction remains among America’s most hazardous occupations, and it consistently ranks highest in workplace fatalities across all sectors. Falls represent the predominant cause of these tragic deaths.
Despite advancements in equipment and training protocols, a significant void remains in how the industry approaches personal protective equipment. The repercussions can be catastrophic, especially when cranial trauma occurs.
These events rank among the primary causes of traumatic brain injuries, which may severely affect health, lead to extended absences and workers’ compensation claims, or result in fatalities.
According to data from the Centers for Disease Control and Prevention, over 69,000 TBI-related deaths occurred in 2021, averaging more than 190 lives lost daily. Beyond individual harm, serious incidents damage team morale, delay project timelines, and elevate insurance and recruitment expenses.
What is rotational motion, and why does it matter?
When work accidents occur, they rarely follow a straight-line motion. Instead, most incidents happen at an angle. This angled impact initiates rotational motion of the head and brain, significantly increasing the risk of a TBI.
- Angled impacts and brain rotation: When a worker falls or is struck at an angle, the head rotates sharply. This sudden motion can cause the brain to twist within the skull, producing internal stress.
- Shearing forces and tissue damage: Rotational energy generates angular torque that shears brain tissue, damaging neurons and blood vessels. These forces heighten the likelihood of concussions (mild TBIs), cognitive impairments, and neurological complications, even from impacts with relatively low energy.
- Brain composition and vulnerability: The brain’s soft, gel-like consistency makes it especially susceptible when different regions move relative to one another. Because these injuries often lack visible signs, they may go unnoticed or be mistaken for minor incidents.
- Symptoms and workplace risks: TBIs can cause immediate issues such as headaches, dizziness, or vision disturbances, as well as delayed symptoms like concentration problems, memory loss, or emotional instability. On construction sites, even subtle deficits can compromise safety and decision-making.
Why do traditional helmets fall short against rotational forces?
Most hard hats used today aren’t designed to counter rotational motion. Conventional Type I helmets mainly protect against direct vertical impacts to the crown; these designs have changed little since the early 1900s. Yet, modern construction environments present far more varied hazards.
The traditional “Type I” hard hat was originally modeled after WWI doughboy helmets to protect miners from falling rocks. It’s “top-down” protection. But in New York construction, you aren’t just worried about a falling bolt; you’re worried about a fall from a 10-foot ladder where your head strikes a steel beam on the way down. That is a lateral impact, and a Type I hat is simply not tested to handle it.
Many serious head injuries occur when workers slip, trip, or fall, rather than from falling objects. Traditional helmets were never engineered to mitigate the twisting forces such incidents create.
Type II helmets provide additional protection for the sides, front, and rear of the head. Many newer models feature rotational motion reduction systems to redirect rotational energy away from the skull and reduce concussion risk. Their chin straps also help keep the helmet secure during a fall.
The chin strap is often a legal lifeline
One of the biggest differences we see in TBI cases is whether the helmet stayed on. In a trip or fall, a traditional Type I hard hat often flies off before the head hits the ground, leaving the worker completely unprotected.
Type II helmets almost always feature integrated 4-point chin straps. If an employer fails to provide equipment that stays secure during a fall, they may be creating a “predictable failure” that we can use to hold them accountable in a New York Labor Law claim.
Why must the construction industry address this issue?
The impact of rotational-motion injuries in construction extends far beyond worker well-being; it also carries steep financial costs for employers. Workplace injuries represent an enormous and largely preventable expense for the industry, including:
- High economic toll: According to the National Safety Council, job-related injuries in 2023 cost businesses roughly $176.5 billion. Each workplace death averaged about $1.46 million in expenses, while medically treated injuries added up to around $43,000 each. Roughly 103 million workdays were lost to injury that year.
- Construction-specific costs: Earlier research estimated that construction injuries in the United States totaled over $11.5 billion annually, including approximately $4 billion from fatal incidents and $7 billion from nonfatal ones.
- Limited public awareness: A 2022 Mips survey found that nearly 7 in 10 American and German helmet users were unaware of rotational motion as a risk factor. Most didn’t weigh a helmet’s ability to lessen these forces when purchasing one.
- False sense of protection: Many workers and employers assume all hard hats safeguard against every type of impact. In reality, traditional models often neglect rotational forces entirely, leaving a dangerous gap in safety and raising potential liability concerns.
How can education improve head injury prevention?
Reducing head injuries begins with knowledge. Workers must understand the causes, warning signs, and consequences of head trauma to help prevent these incidents on the job. Such injuries don’t just impact individuals; they affect families, teams, and entire communities.
Safety leaders should emphasize the long-term effects of rotational motion on brain health and the importance of using equipment designed to mitigate it. Everyone from site managers to crew members needs to recognize the difference between Type I and Type II helmets, as well as between helmets that reduce rotational motion and those that do not.
Frequently Asked Questions: Hard Hats & New York Workers’ Comp
If I was wearing my hard hat but still got a TBI, can the insurance company deny my claim?
They may try. Insurers often argue that if there is no “crack” in the helmet or visible bruise, the brain couldn’t have been injured. This is where rotational motion science is key. We work with medical experts to prove that the brain can “slosh” and shear within the skull, even when the helmet appears perfect.
Can I sue the helmet manufacturer if my Type I hat failed in a side impact?
In some cases, yes. If a helmet was marketed as “all-around protection” but failed to meet Type II lateral standards, there may be a product liability claim. We investigate whether the PPE provided to you was appropriate for the specific hazards of your job site.
What is “New York Labor Law Section 240” and does it cover head injuries?
Commonly known as the Scaffold Law, Section 240 covers “gravity-related” injuries. If you fell because of inadequate safety gear (including a helmet that fell off because it lacked a chin strap), you may be able to file a third-party lawsuit for significantly more compensation than workers’ comp alone provides.
Get Legal Help After a Head Injury at Work in New York
If you’ve suffered a head injury on the job, you have the right to pursue workers’ compensation benefits. But the process isn’t as simple as it seems. That’s why you need a strong legal advocate on your side who understands New York workers’ comp law.
The experienced attorneys at Pasternack Tilker Ziegler Walsh Stanton & Romano LLP have spent more than 90 years fighting for injured New Yorkers just like you. Our law firm serves clients across New York City, Long Island, Westchester, Rockland, and upstate New York. We know how insurance companies operate, and we won’t let them delay your recovery. With decades of courtroom experience, we prepare every case as if it’s going to trial.
To get started, contact us today for a free consultation. There’s no cost or obligation to speak with our dedicated legal team. We also work on a contingency fee basis, which means you pay nothing unless we win your case.
“The firm treated me with respect and dignity and handled all my workers’ comp issues with ease. I highly recommend them.” – Eduardo D., ⭐⭐⭐⭐⭐
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