Yes, you can sue for roofing accidents under specific circumstances, even if you're already receiving workers' compensation. Depending on the circumstances of the accident, you may be able to sue your employer, a contractor, a property owner, or an equipment manufacturer.
Roofers face some of the highest workplace risks in the construction industry. According to CDC data, about 37 roofers die from falls and 400 are injured every year.
If you've been hurt in a roofing accident, you may be entitled to compensation for your medical bills, lost wages, pain and suffering, and other damages through a personal injury claim.
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Recent OSHA reports from 2023-2024 show that many roofing accidents result in severe trauma requiring immediate medical care. Take note of the following most common causes of roofing accidents to recognize when safety standards are not being met.
OSHA reports that 100 out of 124 roofing deaths in recent years resulted from falls, accounting for 80% of all roofing fatalities. These accidents often occur due to:
Between December 2023 and April 2024 alone, OSHA documented multiple incidents involving falls leading to head injuries, spinal trauma, and fatal injuries. Even falls from relatively low heights can cause permanent disabilities or death.
Slippery roof surfaces caused by rain, dew, or loose debris are a major cause of falls due to roofing accidents, leading to serious injuries, such as sprains and fractures. Employers and site managers must be mindful of changing weather conditions and keep the work area clean to avoid these accidents.
Equipment failures, including poorly maintained or defective ladders and scaffolding, are a common cause of severe injuries like:
Thus, New York Labor Law requires specific safety measures for equipment used in roofing work. Common equipment-related accidents involve:
Roofers working near power lines face electrocution risks, especially without proper precautions. Contact with live wires often leads to severe injuries like burns, nerve damage, cardiac arrest, or even death. These incidents typically occur through:
Survivors of electrical accidents frequently face third-degree burns, internal organ damage, neurological complications, long-term cardiac issues, and permanent nerve damage. To reduce this risk, you should maintain a safe distance from power lines and use insulated tools.
Falling tools or materials can lead to head injuries, concussions, or even fatalities for workers or bystanders. Wearing hard hats and properly securing materials can significantly reduce the risk of injury.
Roof collapses can occur if the roof is structurally compromised or weakened. Walking in these areas may lead to a fall through the roof, causing multiple fractures or internal injuries. It is crucial to assess the structural integrity of the roof before beginning work to avoid these types of accidents.
The nature of roofing work exposes workers to various environmental and material-related risks:
Extreme temperatures, high winds, and precipitation create hazardous conditions. High winds can throw you off balance, rain creates slippery surfaces, and extreme heat can cause dehydration or heat exhaustion. Workers should wear proper footwear and follow safety protocols. Moreover, your employer should be aware of weather forecasts and postpone work when conditions are dangerous.
Working with hot tar, heavy materials, and sharp tools leads to specific injury risks, including severe burns, crushing injuries from falling objects, deep cuts from power tools, and repetitive stress injuries.
Proper training, adherence to safety protocols, and the use of personal protective equipment (PPE) are essential steps employers must take to prevent accidents and reduce the risk of serious injuries. If your employer or contractor neglects these responsibilities, and you're injured, they may be held accountable under the law.
New York law provides extensive protections for injured roofers. Your rights include:
BLS data shows that the fatal injury rate of roofing workers is nearly ten times higher than that of the average worker. This high percentage demonstrates why New York's strict safety laws exist and why they're crucial for protecting workers like you.
To file a lawsuit for a roofing accident, you need to show that another party’s negligence caused your injuries. This means proving they had a duty to keep you safe, breached that duty, and you were hurt as a result.
You may be able to file a lawsuit in these cases:
Key Note: There are time limits for taking legal action (statute of limitations). In New York, this period is generally three years from the date of the accident. It's best to consult an attorney promptly to ensure you don't miss your chance to seek compensation.
Depending on the facts of your case, one or more parties may be liable for your roofing accident injuries, such as:
Your actions right after a roofing accident can significantly affect your legal rights. Here's what you need to do:
| Get medical help right away | Call 911 or have someone take you to the nearest emergency room. Follow your doctor's treatment plan and attend all follow-up appointments. This is crucial for your health and your legal claim. |
| Report the accident to your employer | Tell your supervisor or manager what happened, when, and where. Request a copy of the accident report. If your employer doesn't have a formal reporting process, send them a written notice with the details of the incident. |
| Document everything | Take photos of the accident scene, your injuries, and any equipment involved. Write down the names and contact information of any witnesses. Keep copies of all medical records, bills, and correspondence with your employer and their insurance company. |
| Don't sign anything or accept blame | Your employer or their insurance company may try to get you to sign a release or accept a quick settlement. Don't do it without talking to a lawyer first, otherwise, everything you say may be used against you later. |
| Contact an experienced roofing accident attorney | A skilled lawyer can protect your rights, gather evidence to support your claim, negotiate with the insurance companies, and fight for the full and fair compensation you deserve. Most attorneys offer free consultations and work on a contingency fee basis, meaning you pay nothing unless they win your case. |
Struggling After a Roofing Accident?
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Roofing accident victims may be entitled to several types of compensation:
| Medical Expenses | Emergency room care Surgery and hospitalization Rehabilitation services Ongoing medical treatment Future medical needs Prescription medications |
| Lost Income | Current lost wages Future earning capacity Benefits and bonuses Retirement contributions Career advancement opportunities |
| Additional Damages | Pain and suffering Emotional distress Permanent disability Loss of quality of life Family benefits in fatal cases Out-of-pocket expenses |
If you or a loved one has been injured in a roofing accident, it's essential to act quickly to protect your rights and seek the compensation you deserve. The expert construction accident attorneys at Porter Law Group can help you navigate the legal process and fight for your interests every step of the way.
Reach out to us today for a free case review to discuss your rights and options. Call our toll-free number 833-PORTER9 or email info@porterlawteam.com to schedule your no-obligation consultation.
We understand the physical, emotional, and financial toll a roofing accident takes on you and your family. Our attorneys work on a contingency fee basis, meaning you pay nothing unless we win your case.
Let us fight for your rights and help you get your life back on track.
