From the limited facts given, it appears that your brother may be compensated for his injuries from his fall. Numerous parties may be liable for your brother's injuries due to the following:
I would need to speak to your brother and find out his status on the site, i.e., was he working for the general contractor or for a sub-contractor and the specific circumstances surrounding his fall.
Construction accident cases are very complicated and proper investigation needs to be properly conducted. It is important to talk to a qualified PA or NJ construction accident attorney to evaluate your case. Feel free to call us at 877.944.8396. You can also learn more about construction site compliance with OSHA's fall protection standard by clicking the link to access our legal article.