Construction Site Violence: Man Charged with Felony Assault in Perinton Attack

Construction sites, while vital for building our communities, can unfortunately be hotspots for violence. While accidents due to negligence are more common, intentional acts of violence also pose a significant threat to worker safety. In fact, according to the Bureau of Labor Statistics, injuries inflicted by acts of violence are a leading cause of work-related fatalities. Recently, a disturbing incident in Perinton, New York, has brought this issue to the forefront, highlighting the potential for severe legal consequences when violence erupts.

The Perinton Attack: A Case Study in Construction Site Violence

In June 2025, an incident occurred on the Indian Hill Trail in Perinton, NY where Dylan Ghaemi was stabbed multiple times. Derrick Van Epps was arrested and charged with second-degree attempted murder and assault. The Monroe County Sheriff’s Office is investigating all potential motives, including whether the violent attack could have been racially motivated. Van Epps pleaded not guilty to attempted murder as a hate crime and assault as a hate crime. According to reports, Van Epps and Ghaemi passed each other on the trail, exchanged greetings, and then Van Epps allegedly attacked Ghaemi from behind with a knife. Ghaemi sustained cuts to his head, neck, and hands while fighting off the attack.

This case serves as a stark reminder that construction site violence can take many forms, from simple assault to attempted murder. Understanding the potential legal ramifications of such acts is crucial for both employers and employees.

Understanding Felony Assault

In New York, assault is defined as intentionally causing physical injury to another person. However, the severity of the charges can vary significantly depending on the circumstances. Felony assault typically involves:

Serious physical injury: This could include injuries that create a substantial risk of death, cause serious disfigurement, or impair the function of a bodily organ.
Use of a deadly weapon: As seen in the Perinton case, using a knife or other dangerous instrument elevates the charge to a felony.
Intent to cause serious harm: Even without a weapon, if the attacker intended to inflict severe injuries, the charges can be upgraded.

A felony assault conviction carries significant penalties, including lengthy prison sentences, substantial fines, and a criminal record that can impact future employment and other opportunities.

Liability Beyond the Attacker: Who Else Can Be Held Responsible?

While the individual who commits an act of violence is always liable, other parties may also share responsibility, particularly in the context of a construction site.

Employers and Contractors: Employers have a legal duty to provide a safe working environment for their employees. This includes taking reasonable steps to prevent workplace violence. They can be held liable for negligence if they fail to:
- Conduct background checks on employees
- Address reports of threats or violent behavior
- Provide adequate security measures, such as lighting, cameras, and security personnel
- Implement and enforce a zero-tolerance policy for workplace violence
- Provide training to workers on how to recognize and respond to violent situations.
- Third Parties: In some cases, a third party, such as a hiring company or property owner, may also be liable if their negligence contributed to the attack. For example, if a hiring company fails to conduct adequate background checks and places a violent individual on a construction site, they could be held responsible for any resulting injuries.

Workers’ Compensation and Personal Injury Claims

If you are injured in a construction site assault, you may be entitled to compensation through multiple avenues:

Workers’ Compensation: In New York, workers’ compensation provides benefits to employees who are injured on the job, regardless of fault. This can cover medical expenses, lost wages, and disability benefits. However, workers’ compensation typically prevents you from suing your employer directly.
Personal Injury Lawsuit: If a third party’s negligence contributed to your injuries, you may be able to file a personal injury lawsuit against them. This can allow you to recover additional damages, such as pain and suffering, emotional distress, and lost earning capacity.
Intentional Tort: An attacker has committed an intentional tort. That means you can bring a civil lawsuit against them in court and seek full compensatory damages for: Medical bills and expenses, including future medical expenses; Lost income and loss of earning capacity; Pain and suffering; Property damage; Emotional distress.

The Importance of Reporting and Seeking Legal Counsel

If you witness or experience violence on a construction site, it is crucial to take the following steps:

Report the incident: Notify your supervisor, employer, and the police immediately.
Seek medical attention: Even if your injuries seem minor, it is important to get checked out by a doctor.
Gather evidence: Document the scene, take photos of your injuries, and collect contact information from any witnesses.
Consult with an attorney: An experienced personal injury attorney can help you understand your legal rights and options, and can guide you through the process of filing a workers’ compensation claim or personal injury lawsuit.

Prevention is Key: Creating a Safer Construction Site

While legal recourse is important, the ultimate goal is to prevent construction site violence from happening in the first place. Employers can take several steps to create a safer work environment:

Implement a zero-tolerance policy: Clearly communicate that violence, threats, and harassment will not be tolerated.
Conduct thorough background checks: Screen potential employees for a history of violence or criminal activity.
Provide security measures: Install adequate lighting, security cameras, and alarms, and consider hiring security personnel.
Train employees: Educate workers on how to recognize and respond to potential threats, and encourage them to report any concerns.
Address conflicts promptly: Take all reports of threats or harassment seriously, and investigate them thoroughly.

Conclusion

The case of the man charged with felony assault in the Perinton attack underscores the serious consequences of construction site violence. By understanding the legal ramifications, taking proactive steps to prevent violence, and seeking legal counsel when necessary, we can work together to create safer and more secure construction sites for everyone.