Roofing Accidents in New York — Rights for Injured Roofers

How Roofers Get Hurt in New York

The work puts you at the edge of buildings — often without adequate guardrails, personal fall arrest systems, or safety nets. The most common roofing accidents in New York:

• Falls from roof edges. Unguarded perimeter edges on commercial and residential buildings. A step too far and there's nothing between you and the ground.
• Falls through skylight openings. Skylights are a known trap — they look solid until you step on one that isn't. OSHA requires covers or guardrails around every skylight opening (29 CFR 1926.502(j)).
• Falls through roof openings. Hatch openings, mechanical equipment cutouts, and other unguarded holes in the roof deck.
• Ladder falls accessing the roof. Ladders that aren't secured, extend the required 3 feet above the landing, or are set at the wrong angle. These accidents are covered under both 240(1) and OSHA 29 CFR 1926.1053.
• Roof collapses and structural failures. Old roofs that fail under load, or new construction where the deck isn't properly supported.
• Heat illness on summer roofing jobs. Less dramatic than a fall but still a serious injury — and one that can support a 241(6) claim if the employer violated OSHA's heat illness prevention guidance.

OSHA Standards That Protect Roofers

Federal OSHA sets the minimum floor for fall protection on construction sites. The relevant standards for roofing work:

NY Industrial Code 12 NYCRR 23 — Roofing-Specific Rules

New York's Industrial Code goes further than OSHA in some areas. For roofing work, the key sections:

• 23-1.7(b) — Falling hazards. Covers any elevated working area where a person could fall — requires planking, safety rails, or safety nets.
• 23-1.7(d) — Slipping hazards. Work areas, passageways, and platforms must be kept free of ice, snow, and wet conditions. Wet roofs are a known hazard and the code requires action.
• 23-2.4 — Roofing work. Specific rules for roofing operations, including when working on pitched roofs above a certain slope. Requires crawling boards or equivalent where the pitch exceeds safe walking conditions.
• 23-1.21 — Ladders. Extension ladders must be secured at top and bottom, extend at least 36 inches above the landing, and be set at the correct angle. These are specific, enforceable standards — a violation supports a 241(6) claim.
• 23-5.1 — Scaffolding general provisions. If scaffolding is used to access or work on a roof, it must meet the specific requirements here, including load ratings and platform width minimums.

Labor Law 240 and the Scaffold Law

New York Labor Law § 240(1) is the strongest protection available to injured roofers. Under this law, the owner and general contractor have an absolute, non-delegable duty to provide adequate fall protection. If they fail, and you fall, they're liable — period.

"Non-delegable" means the owner can't escape liability by saying "my GC was supposed to handle that" or "I hired a roofing subcontractor, it's their problem." The duty belongs to the owner. If the protection wasn't there, the owner is on the hook.

The law also covers struck-by-falling-object injuries — not just falls by the worker. If a bundle of shingles or a piece of equipment falls from above and hits you, that's also covered under 240(1).

One defense you'll hear: the "recalcitrant worker" defense. The owner argues that proper equipment was available but you refused to use it. This defense rarely works if the equipment wasn't actually on site or wasn't set up properly. Courts require proof that the worker actually refused available, adequate protection — not just that the employer claims they did.

Another defense: the "sole proximate cause" argument. The claim that your own conduct — not the absent fall protection — was the only cause of your injury. This also rarely succeeds when the required equipment simply wasn't there.

Roofer Injuries: What You Can Recover

Workers' comp pays medical bills and a portion of lost wages. That's the floor, not the ceiling. A Labor Law 240 third-party case can also recover:

• Full lost wages, not the capped workers' comp amount
• Pain and suffering — past and future
• Future medical care, including surgeries not yet performed
• Loss of consortium for your spouse if the injury is severe
• Future lost earning capacity if you can't return to roofing

For fatal roofing accidents, a wrongful death claim can be brought by the estate and surviving family. Under New York's EPTL 5-4.1, recoverable damages include the full present value of lifetime earnings, the economic value of services provided to the household, and the value of parental guidance for minor children.

Roofers Union Local 8 and Workplace Rights

Union roofers in New York City work under the United Union of Roofers, Waterproofers and Allied Workers Local 8, which covers the NYC metropolitan area. Local 8 members are covered by collective bargaining agreements that specify safety equipment requirements that often go beyond what OSHA mandates.

If you're a Local 8 member, contact your union rep immediately after any accident. They can help document the scene, identify witnesses, and connect you with resources. But the Labor Law claim itself is a separate matter from workers' comp and runs through the civil courts — not the union grievance process.

Non-union roofers have exactly the same Labor Law rights. The owner and GC owe the same duty to every worker on site, union card or not. If anything, non-union workers are more often working for smaller subcontractors without solid safety programs — which can mean more violations to find in the record.

Common Injuries and What They Mean for Your Case

The injuries roofers suffer in falls are severe. The most common:

• Traumatic brain injury (TBI). From direct impact with the ground or structure. TBI cases require neurological experts and can result in substantial long-term damages for cognitive, behavioral, and functional impairment.
• Spinal cord injuries. Cervical and lumbar spine fractures from falls. Paraplegia and quadriplegia cases involve lifetime care costs that regularly reach into the millions.
• Fractured pelvis, hips, and lower extremities. Serious but often survivable with surgery. Extended recovery means months off work and potential permanent limitations.
• Internal injuries. Ruptured organs from high falls — often require emergency surgery and intensive care.
• Death. Fatal falls are far too common in roofing. If your family member was killed in a roofing accident, call us. The Labor Law 240 claim doesn't die with the worker.