The Danger Above
Roofing is consistently ranked among the most dangerous construction occupations. Workers face falls from height, through skylights and roof openings, and from unstable surfaces—often in weather conditions that increase risk. Every year, hundreds of workers fall from roofs in New York State, with many suffering life-changing injuries or death.
New York's Labor Law 240, the Scaffold Law, provides powerful protection for workers injured in roof falls. Understanding how the law applies to roofing work is essential for every worker in this hazardous trade.
Why Roof Work Is So Dangerous
Roofing combines multiple hazard factors:
Height:
Most roof falls occur from heights of 11-20 feetEven lower falls can cause serious injuryHigher roofs mean greater fall severitySloped and Unstable Surfaces:
Pitched roofs provide poor footingSurfaces may be wet, icy, or covered with debrisRoofing materials can shift underfootDamaged decking may not support weightWeather Exposure:
Wind affects balance at heightRain makes surfaces slipperySun causes heat exhaustion and impaired judgmentCold weather increases slip hazardsOpenings and Edges:
Skylights that break under weightUnprotected openings for vents and hatchesRoof edges without guardrailsLadder access points without protectionMaterial Handling:
Carrying heavy materials while climbingHoisting materials creates struck-by hazardsEquipment and tools positioned precariouslyHot materials for built-up roofingTypes of Roof Falls
Falls from the edge:
Worker loses footing and falls off the roofOften occurs while working near perimeterWind, slippery conditions, or trips contributeFalls through openings:
Skylights that appear solid but breakUnmarked or unguarded openingsTemporary openings created during workHatches left open without protectionFalls through the roof itself:
Deteriorated decking that failsOverloaded sections that collapseWork on roofs of unknown conditionCutting operations that weaken structureFalls from access equipment:
Ladders to roof that slip or collapseScaffolds used for roof accessAerial lifts and platformsRequired Roof Fall Protection
OSHA and New York regulations require fall protection for roof work:
Conventional Fall Protection:
Guardrails on roofs with unprotected sides and edgesSafety nets below working areasPersonal fall arrest systems (harnesses)Warning Line Systems:
On low-slope roofs (less than 4:12 pitch)Warning lines 6 feet from edgeWorkers inside warning line need no other protectionWorkers outside warning line need additional protectionPersonal Fall Arrest Systems:
Body harnesses connected to secure anchorsSelf-retracting lifelines or shock-absorbing lanyardsAnchor points capable of supporting 5,000 poundsProper fitting and training requiredHole Covers:
All openings must be guarded or coveredCovers must support twice expected loadMust be secured against displacementMust be marked to indicate hazardSkylight Protection:
Skylights must be guarded or protectedGuards must withstand 200-pound forceScreens must prevent falls throughLabor Law 240 and Roof Falls
New York's Scaffold Law provides critical protection for roof workers:
What makes Labor Law 240 powerful:
**Strict liability.** If you fall from a roof because proper protection wasn't provided, the property owner and general contractor are liable. You don't need to prove they were negligent—only that adequate safety devices were missing.**The duty can't be delegated.** Property owners can't escape liability by hiring roofing contractors. The ultimate responsibility for safety rests with owners and general contractors.**Comparative negligence is limited.** Even if you made mistakes, your recovery usually isn't reduced. The duty to provide protection is absolute.**Full compensation.** Unlike workers' comp, you can recover for pain and suffering, full lost wages, and all medical expenses.Common Labor Law 240 roof scenarios:
Fall from unprotected roof edgeFall through skylight that had no protectionFall through opening without covers or guardrailsLadder to roof that wasn't securedFall from scaffolding used for roof accessRoof collapse during workSpecific Roof Hazards
Steep-slope roofing:
Greater fall likelihood from pitchMomentum carries workers off edgePersonal fall arrest required in most situationsAlternative systems rarely adequateLow-slope roofing:
Can seem safer but hazards existEdges still unprotectedOpenings and skylights presentWeather effects still dangerousBuilt-up and hot roofing:
Burn hazards from materialsFumes affecting workersHeavy material handlingHeat exposure adding to dangerRenovation and tear-off:
Unknown conditions under old roofingDeteriorated structure may be hiddenCreating new openings during workDebris increasing slip hazardsMetal roofing:
Extremely slippery when wetSharp edges creating cutsCondensation forming on undersideHeat conduction affecting workAfter a Roof Fall: Protecting Your Rights
If you've fallen from a roof:
**Get emergency medical care.** Falls from roofs often cause severe trauma. Don't delay treatment.**Report the accident.** Make sure it's documented by your employer in writing.**Preserve evidence.** If possible, photograph the site before conditions change. Note what protection was and wasn't in place.**Identify witnesses.** Get names and contact information from co-workers and anyone else who saw the accident or conditions.**Document what protection existed.** Were there guardrails? Harnesses available? Covers over openings? The absence of required protection is key to your case.**Don't give statements to insurance companies.** Property owner and contractor insurers will try to shift blame. Speak with an attorney first.**Consult an experienced construction accident attorney.** Roof fall cases under Labor Law 240 require specific knowledge of the law and construction practices.The Roofer's Burden
Roofing is essential work that makes buildings weathertight and habitable. It's also extraordinarily dangerous, and those dangers are often invisible to people who don't do the work. Property owners benefit from safe, dry buildings; they should bear responsibility for ensuring the workers who create that safety are themselves protected.
Labor Law 240 reflects this reality. When property owners and contractors fail to provide adequate fall protection for roof work, they're liable for the consequences. This isn't just a legal principle—it's a recognition that the profit from construction shouldn't come at the cost of workers' bodies.
Your Life After a Roof Fall
Roof falls often cause permanent, life-altering injuries:
Traumatic brain injury affecting cognitionSpinal injuries causing paralysisMultiple fractures requiring years of treatmentInternal injuries requiring emergency surgeryChronic pain limiting all activitiesThese injuries may prevent you from ever returning to roofing—or to physical work at all. The compensation you receive needs to account for a lifetime of consequences, not just immediate medical bills.
That's why Labor Law 240's full compensation recovery is so important. Workers' compensation alone can't make you whole after a catastrophic roof fall. The ability to pursue the property owner and contractor for all your damages—including pain and suffering—provides the opportunity for genuine recovery.
If you've been injured in a roof fall in New York, the law is on your side. Make sure you use it.
