Roof Fall Accident Lawyers

Every year, more than 310 construction workers are killed by falls from heights, and roof falls account for over a third of them. [1] Rosenfeld Injury Lawyers is here to assist those who have been harmed in construction accidents, helping them explore their legal options and negotiating with the insurance company to gain maximum compensation. 

How We Can Help With Your Case Roof Fall Accident Case

At Rosenfeld Injury Lawyers, we are dedicated to securing the maximum compensation for clients injured in roof fall accidents. Our experienced legal team specializes in handling complex personal injury cases and has a proven track record of achieving substantial settlements and verdicts. 

Our construction site accident attorneys will guide you through every step of the legal process. Firstly, we will determine whether to pursue a personal injury lawsuit or workers’ compensation claim based on the negligent parties and how the accident occurred.

Your personal injury lawyer will then perform a thorough investigation of all aspects of the construction accident, which includes reviewing medical records, incident reports, and safety standards in place at the construction site. 

This will help us determine who may be liable, as a construction company that fails to uphold building codes during the construction process can be held accountable when accidents happen.

The next step of the legal process is to negotiate with insurance companies to secure compensation. Insurance companies often try to settle for the lowest amount possible, which may not fully cover your expenses. 

Our experienced attorneys can advocate on your behalf and negotiate a fair settlement that takes into account all of your losses and future potential damages related to the injury.  

We will hold them accountable and seek compensation to cover all your expenses, including costly medical expenses and time off work. 

Leading Causes of Roof Falls

Falls from roofs are a significant hazard in the construction industry, often leading to severe injuries or fatalities. Common causes of roof fall accidents include:

• Roof Collapse—From 2002 to 2024, 189 workers were injured in roof collapses nationwide, and many of them fatally [2]. 
• Defective Equipment – The Occupational Safety and Health Administration requires working fall protection equipment any time a construction worker is at an elevated height. Despite this, 42 workers nationwide have been injured when their personal fall arrest system failed since 2002 [3]. 
• Unsafe Work Practices – In Region 5, the OSHA region that includes Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin, 17 workers have incurred fatal or severe injuries in roof accidents since 2002 due to disregarding work rules, such as not using a two-person carry for heavy equipment or failing to use fall protection [4].
• Unstable Surfaces – Unsecured roofing materials or working on a wet roof can result in serious consequences. Since 2006, 7 workers have suffered serious injuries because of unstable work surfaces in Region 5, with two of these resulting in death [5]. 
• Trips – From 2014 to 2024, 33 workers nationwide have suffered roof fall accidents because they tripped [6]. 

Common Injuries Sustained After a Roof Fall

The potentially catastrophic injuries typically sustained after a roof fall can be devastating and life-altering, requiring immediate medical attention and ongoing care. Common ones include:

• Spinal Cord Injuries – Since 2002, 7 workers in the Region 5 area have suffered spinal cord injuries from roofing accidents [7]. 
• Back Injuries – Landing on one’s back can result in serious back injuries, including herniated discs. 
• Traumatic Brain Injuries – Since 2020, 2 workers nationwide have suffered traumatic brain injuries from roof fall accidents, 1 of which was fatal [8]. 
• Broken Bones – Nationwide, 27 workers have suffered bone fractures since 2019 after fall accidents [9]. 
• Bruises and Contusions – A construction worker injured in a fall may suffer severe bruising because of the great heights involved. 
• Paralysis – 9 workers have been paralyzed nationwide since 2007 due to roof fall accidents [10]. 
• Death – Of the 169 injured workers in Region 5 since 2002, 97 of these were fatal [11]. 
• Internal Injuries – 12 workers nationwide have suffered internal bleeding or organ damage from roofing accidents since 2019 [12]. 

Legal Liability for Roof Fall Accidents

Our roof fall injury attorneys will examine every aspect of the roof fall accident to determine liability, and we will seek any negligent party who may be responsible for providing compensation. This may involve multiple parties, including the following: 

Employer

Workers at construction sites who were injured in a roof fall accident have the right to receive workers’ compensation regardless of who was responsible, which will cover all medical expenses and a portion of lost wages. 

In some instances, a construction company may be held liable if they fail to implement proper safety measures or to maintain their equipment, such as power tools and fall protection systems. This could involve a personal injury suit rather than workers’ comp. 

General and Subcontractors

Contractors at construction sites are bound by the same OSHA standards as other construction laborers, so they may be responsible for paying you fair compensation if their negligence contributed to the accident. 

Third-Parties

Our personal injury attorneys can also pursue compensation from other parties, including:

• Property Owners – Property owners are liable for the safety of the premises and can be responsible if they fail to create a safe working environment.
• Other Workers – Your coworkers could be held liable if they acted unsafely, such as dropping tools or walking under a ladder.
• Visitors – If a visitor to one of the construction sites tampered with equipment, leading to a roofing accident, they can be held responsible.
• Equipment Manufacturers – Roofing often involves using heavy machinery and materials. If products fail and lead to a roof collapse, we will push their insurance company to cover medical expenses and your other needs. 

Understanding Comparative Negligence in Roof Fall Accident Cases

In the realm of roof fall accident cases, understanding the concept of comparative negligence is essential when you’re assessing liability, as it can significantly influence the outcome of your claim.

Comparative negligence refers to the legal principle that apportions fault and reduces the compensation an injured party can receive based on their degree of negligence in contributing to the accident. There are three primary forms of comparative negligence: modified comparative negligence, pure comparative negligence, and contributory negligence.

Modified Comparative Negligence

Under modified comparative negligence, an injured party can recover damages only if their percentage of fault is below a certain threshold, commonly set at 50% or 51% depending on the jurisdiction. Their compensation will be reduced in proportion to their percentage of fault.

If the injured party’s fault exceeds this threshold, they are barred from recovering any compensation. This ensures that those who are predominantly responsible for their injuries do not benefit from their own negligence in a roof fall accident case.

Pure Comparative Negligence

Pure comparative negligence allows an injured party to recover damages regardless of their percentage of fault, but the compensation is reduced in proportion to their degree of responsibility. 

For example, if you are found to be 40% at fault for a roofing accident, your potential compensation would be reduced by 40%. This approach allows for a more equitable distribution of liability and recovery.

Contributory Negligence

In jurisdictions that adhere to contributory negligence, a person injured in a roof fall accident is completely barred from recovering any damages if they are found to be even 1% at fault for the accident.

Recovering Compensation in Roof Fall Accident Claims

During your free consultation with our law offices, a roof fall accident lawyer will determine which compensation is most pertinent to your roof fall accident case.

Working with us ensures a smooth process for roof fall accident claims and can maximize your chances of getting full compensation, as we are familiar with all aspects of insurance negotiations. 

Workers’ Compensation Benefits

Workers’ compensation is a type of insurance that employees can claim regardless of who was at fault for the roof accident. This insurance will cover medical care related to the accident, as well as a portion of your lost wages. If you seek workers’ comp, you cannot also file a personal injury claim against the employer. 

Working with our workers’ compensation lawyers is critical to getting the most benefit, as we will ensure that all your medical needs are considered in compensation. 

Damages Through a Personal Injury Lawsuit

If you choose to seek a personal injury lawsuit, you can recover both economic and non-economic damages. 

Economic damages from roof fall accidents are for financial losses, such as:

• Lost wages
• Medical bills
• Loss of earning potential
• Out-of-pocket medical treatment like physical therapy and rehabilitation costs 
• Burial expenses in roof fall accidents that lead to wrongful death

Non-economic damages consider the emotional impact, such as:

• Emotional trauma
• Pain and suffering
• Loss of enjoyment of life
• Disfigurement or disability

Steps to Take Following a Roofing Accident

Experiencing a roof fall accident can be distressing, but knowing the appropriate steps to take immediately afterward is crucial for ensuring your safety and preserving your legal rights. Here are essential actions to follow should such an unfortunate incident occur:

• Seek medical attention as soon as possible
• Report the incident to your employer within 45 days
• Gather evidence from the scene
• Take photos of your injuries
• Gather together your medical records and incident reports
• Report a complaint to OSHA within 6 months
• Contact an experienced roof fall accident lawyer

Contact an Experienced Roof Fall Accident Lawyer Today!

Contact us at (888) 424-5757 or online to schedule your free case evaluation today. 

References: [1] CDC, [2] OSHA, [3] OSHA, [4] OSHA, [5] OSHA, [6] OSHA, [7] OSHA, [8] OSHA, [9] OSHA, [10] OSHA, [11] OSHA, [12] OSHA