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Falls are the leading cause of death in the construction industry, and falls from roofs account for a substantial share of those fatalities. Although employers are required to adhere to Occupational Safety and Health Administration standards, roofing contractors are sometimes lax in enforcing these regulations.
At Lipsig, Freund & Wisell, PLLC, we represent individuals who have been injured in roof-related falls. For decades, our legal team has helped workers across the five boroughs recover fair compensation. If you have been injured while on the job, let our experienced New York City roof fall construction accident attorneys do the heavy lifting for you.
Types of Injuries from Roof-Related Falls
Whether it be falling off a roof or ladder, roof-related falls can result in the following injuries:
- Spinal cord injuries
- Traumatic brain injuries
- Broken bones
- Back injuries
- Punctures
- Electrocution injuries (if working near a power line)
Common Hazards Behind Roof-Related Falls
The following hazards have been linked with an increased risk of roof-related falls:
Unprotected Sides or Edges
Each employee walking on a surface with an unprotected side or edge that is six feet or higher above a lower level must have guardrail systems, safety net systems, or personal fall arrest systems in place.
Unstable or Poorly Positioned Ladders
OSHA regulations stipulate maximum weights for portable versus fixed ladders. These maximum loads must be tested by placing the weight in a downward vertical direction. For climbs less than 24 feet, but when the top of the ladder is higher than 24 feet, fixed ladders must be equipped with cages, wells, ladder safety devices, or self-retracting lifelines.
Scaffolding Requirements
Scaffolding is an elevated temporary structure that is used to support construction workers and materials. Each scaffold or scaffolding component must be able to hold four times the maximum intended load that is applied or transmitted to it. Additionally, stall loads of each scaffold hoist cannot exceed three times its rated load.
Lack of Fall Protection Training
Workers should be trained in how to recognize potential fall hazards and the proper use, inspection, and maintenance of fall protection equipment. Fall protection equipment must be provided for construction workers with work stations of at least six feet off the ground. Fall protection is provided for general industry workers with elevated work stations of at least four feet.
New York’s Scaffold Law Protects Injured Roofers
OSHA standards set the safety baseline, but an OSHA violation alone does not entitle an injured worker to compensation. In New York, the law that drives most roof fall recoveries is Labor Law § 240(1), commonly known as the Scaffold Law. This statute holds property owners and general contractors absolutely liable when a worker is injured in a fall because adequate safety devices, such as harnesses, guardrails, or properly secured ladders and scaffolds, were not provided.
The Scaffold Law is one of the strongest protections available to construction workers anywhere in the country. Unlike an ordinary negligence claim, a worker’s own comparative fault is not a defense under § 240(1). If the required protection was absent or inadequate and that failure caused your fall, the owner and general contractor can be held fully responsible. Identifying a Scaffold Law violation is often the difference between recovering workers’ compensation benefits alone and recovering the full value of your losses.
Proven Results in Roofing Fall Accident Cases
The success of your roofing fall case will depend on the details behind your fall. If fall protection was lacking, the ladder was too short for the task, or the roof edge was unprotected, documenting that hazard will be central to your claim.
At Lipsig, Freund & Wisell, PLLC, we know that your time matters, but also your physical, emotional, and financial well-being. Our results reveal our commitment, with a recent verdict securing $6 million for a roofer injured in a fall.
Speak with Our New York City Roof Fall Construction Accident Lawyers
Roof-related falls are among the most serious injuries in the construction industry. Some workers never fully heal from their injuries, preventing them from returning to gainful employment. At Lipsig, Freund & Wisell, PLLC, we understand that this is a tumultuous time. To discuss your legal options, contact our New York City roof fall construction accident attorneys online or by calling (212) 285-3300. We offer free initial consultations.