A construction site should be a place where hard work leads to progress, not devastating injuries that alter the course of your life. Falling off a roof is one of the most frightening accidents a construction worker can experience, leaving you with not only severe physical pain but also emotional and financial burdens.
If this has happened to you or someone you care about, you may be overwhelmed, wondering how to cover mounting medical bills or how to support your family while you recover. At The Perecman Firm, we understand the heavy toll a construction accident takes on the injured worker and their entire family.
Falls from roofs are among the most serious and preventable construction accidents, often causing life-altering injuries or resulting in wrongful death. Our New York construction accident lawyers are here to support you every step of the way, holding negligent parties accountable and fighting to secure the compensation you need and deserve.
Whether you’re recovering from your injuries or coping with the tragic loss of a loved one, we’ll handle the legal complexities so you can focus on what matters most—healing and rebuilding your life. Let us take the weight off your shoulders and fight for the justice you and your family deserve.
Who Might Be Injured by Falling Off a Roof at a Construction Site?
Construction sites are bustling with activity, with workers from various trades and backgrounds coming together to complete complex projects. This collaboration often involves working at heights, particularly on rooftops.
When safety measures fail, or hazards are overlooked, the risk of a serious fall increases dramatically. While many people associate roof falls with roofers, the reality is that many professionals and even non-workers could be at risk.
Here are some of the individuals commonly injured in roof falls on construction sites:
- Roofers: These workers often face the highest risk, as they spend most of their time on elevated surfaces installing shingles, tiles, or other materials.
- Carpenters: Framing and structural work often require carpenters to operate at roof level, making them vulnerable to falls if precautions aren’t in place.
- Electricians and HVAC technicians: These tradespeople frequently work on or near rooftops, installing systems that serve the building below.
- General laborers: Moving materials, cleaning up, or assisting other trades on the roof can expose general laborers to fall hazards.
- Inspectors and supervisors: Even those overseeing the project are not immune to the dangers of a poorly maintained or unsafe roof.
Beyond the workers themselves, families are deeply impacted by these accidents, as they often bear the financial and emotional burden of caring for an injured loved one. When safety fails, the consequences ripple far beyond the job site.
How Do Roof Falls Happen on Construction Sites?
Roof falls are rarely simple accidents—they’re often the result of systemic failures in safety, training, or equipment maintenance. Working with a construction accident attorney who understands how these tragic incidents occur can shine a light on the protections that should be in place to prevent them.
These falls typically happen because multiple safeguards fail simultaneously, turning a construction site into a dangerous environment for everyone present. Here are some of the most common ways roof falls occur:
- Lack of Fall Protection: Every worker at heights should have access to guardrails, harnesses, or safety nets. When these protections are absent, the risk of a fall increases exponentially.
- Faulty Equipment: Defective ladders, scaffolding, or other tools can lead to sudden, catastrophic accidents.
- Poor Training: Workers who haven’t been trained in safety procedures or proper equipment use are at greater risk of making mistakes that result in falls.
- Slippery or Unstable Surfaces: Wet, icy, or unstable roofing materials can cause slips and loss of footing. Construction site managers should ensure the site is safe and workers have appropriate protection from these preventable accidents.
- Unmarked Hazards: Open holes, weak decking, or unsecured edges are often overlooked hazards that lead to devastating consequences.
These incidents often highlight a failure of responsibility on the part of employers, contractors, or property owners. When safety protocols are ignored, lives are put at unnecessary risk.
Who Might Be Liable for a Roof Fall Accident?
Determining liability in a construction accident isn’t always straightforward, but it’s critical to ensure victims receive the compensation they deserve. When a roof fall occurs, multiple parties may share responsibility for the dangerous conditions that caused the accident. Each has a duty to prioritize worker safety; they can be held accountable when they fail.
Some of the parties who might be liable include:
- Construction companies: Employers are often responsible for ensuring proper safety measures are followed on-site.
- Property owners: Property owners who oversee construction projects are expected to maintain a safe environment and may be liable for hazardous conditions.
- General contractors: As the party coordinating the project, general contractors are responsible for implementing and enforcing safety standards.
- Subcontractors: In some cases, subcontractors may create unsafe conditions through negligence, making them partly liable.
- Equipment manufacturers: If defective equipment, such as ladders, scaffolding, or harnesses, contributed to the accident, the manufacturer could be held accountable.
Understanding who is responsible for a roof fall requires an in-depth investigation, which is why having a personal injury lawyer with experience in handling construction accident cases on your side is essential. They’ll work to uncover the facts, identify all liable parties, and build a strong case for compensation.
What Type of Claim Might an Injured Worker Bring?
Falling off a roof can leave a worker facing more than physical pain. It often comes with emotional and financial challenges that require significant legal support. Depending on the circumstances, injured workers have several avenues for pursuing compensation, and having an attorney who knows which claim applies can make a substantial difference in the outcome.
Here are the primary types of claims available after a construction site roof fall:
- Workers’ Compensation Claims: Workers’ compensation benefits cover medical expenses, partial lost wages, and disability benefits. These claims are often straightforward but may not address all the losses an injured worker faces.
- Personal Injury Claims: If a third party (such as a contractor, property owner, or equipment manufacturer) is found negligent, the injured worker may be able to file a personal injury claim for additional compensation.
- Wrongful Death Claims: Families who lose a loved one in a roof fall can pursue compensation through a wrongful death claim, covering funeral costs, lost income, and emotional damages.
Each type of claim requires careful attention to detail and a thorough understanding of New York’s construction laws. An experienced personal injury attorney will help you navigate this process, ensuring you seek the maximum compensation available.
Worker Protections and Applicable Laws
New York has some of the strongest legal protections for construction workers, particularly those injured in falls:
New York Labor Law § 240 (The Scaffold Law)
This law requires property owners and contractors to provide adequate safety measures for workers performing tasks at heights. If they fail, they can be held strictly liable for injuries, meaning negligence doesn’t have to be proven.
New York Labor Law § 241
This law imposes additional safety requirements on construction, excavation, and demolition sites, including protections against slipping, tripping, and falling hazards.
OSHA Regulations
In addition to New York laws, federal standards apply to construction site safety. The Occupational Safety and Health Administration (OSHA) mandates that employers provide fall protection for workers operating six feet or more above the ground. Violations of OSHA standards can serve as evidence of negligence in a personal injury claim.
Could a Non-Worker Fall from a Construction Site Roof?
Under certain circumstances, a non-worker could be injured by falling off a roof at a construction site, such as if they were a visitor, inspector, or passerby who had reason to be on or near the site. Although construction sites are typically restricted areas, there are situations where non-workers might lawfully enter or inadvertently encounter the dangers posed by the site.
A non-worker might fall from a roof due to:
- Inadequate Barriers or Signage: If safety measures like guardrails or warning signs are missing, someone unaware of the hazards could fall.
- Defective Access Equipment: A visitor using a ladder or scaffolding provided by the site might experience an equipment failure.
- Unsecured Site Access: Construction sites should be properly secured to prevent unauthorized individuals from accessing dangerous areas.
- Negligent Supervision: The site operator could be liable if a non-worker is allowed or required to access an elevated area without proper guidance or safety equipment.
Legal Recourse for Non-Workers Injured on a Construction Site
Depending on the circumstances, a non-worker injured in a fall at a construction site might have legal recourse through a premises liability claim or a personal injury lawsuit.
Premises Liability Claim
Property owners and general contractors are responsible for ensuring that the site is reasonably safe for lawful visitors. If they fail to take precautions to protect non-workers, they could be held liable for injuries resulting from dangerous conditions. To succeed in a premises liability claim, the injured party must generally prove:
- They had a lawful reason to be on the site (e.g., as an inspector, vendor, or bystander in a public area).
- The property owner or contractor was negligent in maintaining a safe environment or warning of known dangers.
- Their injury directly resulted from this negligence.
Personal Injury Lawsuit
In some cases, a non-worker may also pursue a personal injury lawsuit against other responsible parties, such as:
- Construction companies for failing to secure dangerous areas or enforce safety protocols.
- Equipment manufacturers if defective tools or materials contributed to the accident.
- Subcontractors if their actions directly caused or contributed to the hazard.
Construction site injuries involving non-workers can be complex, requiring an investigation to determine liability and navigate overlapping laws. If you or someone you know has fallen off a roof or suffered another injury at a construction site, contacting an experienced construction accident lawyer is an essential first step.
Compensation Available for Workers and Non-Workers Injured or Killed in a Construction Site Roof Fall
A roof fall at a construction site can have devastating consequences, whether it involves a worker or a non-worker. Both groups may be entitled to compensation, but the types of claims and damages available depend on their role at the time of the accident.
Compensation for Workers
For workers injured or killed in a construction site roof fall, several avenues for compensation may apply, depending on the circumstances:
- Medical Expenses: Workers can recover the costs of emergency care, surgeries, rehabilitation, medication, and ongoing treatments through workers’ compensation benefits or a personal injury lawsuit.
- Lost Wages: Workers’ compensation provides partial wage replacement, while a third-party claim may allow for full wage recovery, including future earning potential if the injuries prevent returning to work.
- Pain and Suffering: Although workers’ compensation does not cover pain and suffering, a third-party lawsuit could compensate for the injury's emotional and physical toll.
- Permanent Disability Benefits: If the injuries result in long-term or permanent disability, workers may be eligible for additional compensation through workers’ compensation or a personal injury claim.
- Wrongful Death Benefits: Surviving family members of a worker who dies in a roof fall may receive compensation for funeral costs, lost income, and the loss of companionship through wrongful death claims or death benefits from workers’ compensation.
Compensation for Non-Workers
Non-workers injured in a construction site roof fall—such as visitors, inspectors, or even bystanders—may also have legal recourse to recover compensation. Their claims often fall under premises liability or personal injury laws rather than workers’ compensation.
Types of compensation available to non-workers include:
- Medical Expenses: Non-workers may recover the full cost of medical treatment, including emergency care, hospitalization, physical therapy, and future medical needs.
- Lost Wages: Injuries that force a non-worker to miss work can result in compensation for current and future lost income.
- Pain and Suffering: Non-economic damages may be awarded to compensate for emotional distress, loss of enjoyment of life, and physical pain caused by the accident.
- Wrongful Death Damages: If a non-worker dies in a roof fall, their surviving family members may seek compensation for funeral expenses, lost financial support, and emotional suffering.
Whether you are a worker or non-worker injured in a roof fall, pursuing compensation often involves navigating complex legal systems. Liability may fall on multiple parties, from contractors to property owners, requiring thorough investigation and legal knowledge.
Contact The Perecman Firm Today
Navigating a construction accident claim can be overwhelming, especially when recovering from serious injuries. At The Perecman Firm, we handle every aspect of your case—from investigating the accident to negotiating with insurers—so you can focus on healing. We’ve been fighting for injured construction workers in New York City, Queens, and Long Island for decades, delivering justice against powerful opponents.
When you choose us, you’re not just hiring a personal injury lawyer; you’re gaining a team that will never quit until we secure the maximum compensation possible for you and your family. If you’ve fallen off the roof on a construction site, call us today to discuss your case. Let’s make things right.
Call our New York City office at 212-977-7033, our Queens, NY, office at 718-587-0108, or our Jericho office on Long Island at 516-268-0130. You can also contact us online.