New York City Roofing Fall Lawyer
Roofing work consistently ranks among the most dangerous jobs in any city, and New York is no exception. Workers who fall from rooftops face catastrophic injuries: spinal cord damage, traumatic brain injuries, shattered bones, and in far too many cases, death. When a roofing fall happens in New York City, the legal questions that follow are complicated by a unique body of law that gives injured workers rights that go well beyond standard workers’ compensation. A New York City roofing fall lawyer who understands both the construction industry and the specific statutes that govern height-related injuries can make the difference between a limited recovery and a full one.
New York Labor Law, particularly Section 240, creates absolute liability for owners and general contractors when workers fall from elevated surfaces. This provision, commonly called the Scaffold Law, does not require an injured roofer to prove that anyone was careless in the ordinary sense. If the elevation hazard was not properly protected and a worker fell, liability attaches. That is a powerful legal tool, but it only works when it is properly invoked. Insurance carriers and construction company defense teams know this law better than almost anyone, and they fight hard to limit payouts. The injured worker deserves equally focused legal representation.
Roofing falls happen on residential jobs in the Bronx and Brooklyn, on commercial projects in Queens and Midtown Manhattan, and on construction sites scattered across all five boroughs. The injuries are serious. The liable parties are sometimes multiple. And the window for preserving evidence closes fast. If you or someone in your household has been injured in a roofing fall in New York City, what happens in the first weeks after the accident shapes the entire case.
How New York’s Scaffold Law Actually Applies to Roofing Falls
New York Labor Law Section 240 is unlike any equivalent statute in the country. It imposes what courts call absolute or strict liability on property owners and general contractors for elevation-related injuries. A roofer who falls because a ladder shifted, because a temporary platform gave way, because proper harness anchoring was not provided, or because the roof edge lacked guardrails, has a direct claim against the owner of the property and the general contractor, even if the roofer was employed by a subcontractor.
This matters enormously in practice. Workers’ compensation through an employer typically limits recovery to medical expenses and a portion of lost wages. A Labor Law 240 claim opens the door to full damages: complete lost wages past and future, full medical costs, and compensation for pain, suffering, and loss of quality of life. For a roofer who cannot return to work because of a back injury or a traumatic brain injury, that distinction can be worth hundreds of thousands of dollars or more.
Section 241(6) of the New York Labor Law provides an additional layer of protection by requiring that construction sites comply with specific safety rules set out in the Industrial Code. When a roofing fall involves a violation of those regulations, such as inadequate fall protection, improperly maintained equipment, or failure to follow proper scaffolding standards, that violation supports a negligence claim that supplements the absolute liability under Section 240. A roofing fall attorney in New York City will examine both statutes from the start of the case.
There are parties who attempt to claim exemptions. Owners of one and two-family homes who do not direct or control the work have historically been carved out of Section 240 liability. But that exemption has limits, and courts scrutinize it carefully. A property owner who supervised the job, supplied materials, or had direct oversight may not qualify for the exemption even on a small residential property. These are fact-intensive questions that need to be litigated, not assumed.
Common Sources of Roofing Fall Injuries Across New York City
- Ladder instability: Ladders that are not properly footed, tied off, or extended to the correct height account for a significant share of roofing falls, particularly on smaller residential jobs in neighborhoods like Woodside, Flatbush, and Mott Haven where subcontractor crews work with minimal supervision.
- Absent or inadequate guardrails: Flat commercial roofs in Midtown, Long Island City, and Williamsburg often lack perimeter protection when roofing and membrane work is underway, leaving workers exposed at heights of four or more stories.
- Defective scaffolding: Scaffold components that are not rated for the load, improperly assembled, or placed on unstable ground create sudden collapse risks that send workers to the pavement below.
- No personal fall arrest systems: Harnesses, lanyards, and roof anchors are required by OSHA standards on many commercial and multi-story residential jobs, yet enforcement gaps mean workers are routinely sent up without them.
- Skylight and roof opening collapses: Workers who step onto or near uncovered skylights and unguarded roof openings fall through with no warning, often from significant height. These falls are extremely serious and largely preventable.
- Slippery or deteriorated roof surfaces: Wet membrane, moss-covered shingles, or deteriorating roofing material on older buildings throughout the Bronx, Staten Island, and parts of Brooklyn creates slip-and-fall conditions at elevation that are just as dangerous as any structural failure.
- Improper safety planning by the general contractor: Many serious roofing falls trace back to a general contractor who never conducted a site safety analysis, never posted a site safety coordinator, and never enforced fall protection requirements across subcontractors working simultaneously.
What an Injured Roofer Should Do After a Fall in New York City
The steps taken immediately after a roofing fall shape what can be recovered and from whom. The most important thing an injured worker can do is get medical attention without delay, even if the injuries do not feel severe at first. Spinal injuries, internal bleeding, and traumatic brain injuries are often underestimated in the hours following a fall. Emergency departments at hospitals across the city, including Bellevue, Jacobi Medical Center, Kings County Hospital, and Jamaica Hospital, all treat serious construction injuries. Go. Get evaluated. The medical record created that day is evidence.
Report the accident to your employer the same day if at all possible. Document it in writing. A workers’ compensation claim needs to be filed, and in New York that process involves notifying your employer and the New York State Workers’ Compensation Board. But filing workers’ compensation does not close off the Labor Law claims against the owner and general contractor. Those are separate and can be pursued simultaneously. Do not let anyone at the job site tell you that accepting workers’ comp means you cannot sue anyone else. That is not accurate.
OSHA will often investigate serious construction falls, particularly those involving fatalities or hospitalizations. Request copies of any OSHA inspection reports or violation notices. The New York City Department of Buildings also has jurisdiction over construction safety and may conduct its own investigation. Reports from both agencies can become critical evidence in a civil claim. Your attorney can obtain these through formal requests and subpoena if necessary.
Photographs from the job site taken as close to the time of the fall as possible are invaluable. If a coworker took photos, get them. If the site has security cameras, those recordings need to be preserved through legal notice before they are overwritten. Construction companies are not obligated to keep footage beyond their standard retention period unless they receive a formal preservation demand. A roofing fall attorney can send that demand within days of being hired.
New York’s statute of limitations for Labor Law and personal injury claims is generally three years from the date of injury. However, if the property involved is owned by a city agency or another government entity, a notice of claim may need to be filed within 90 days of the accident. Missing that deadline can forfeit the claim entirely. This is one reason why engaging legal counsel early matters so much for government-owned construction sites, which are common in New York City.
Why Cohan Law Firm Handles Roofing Fall Cases Differently
Cohan Law Firm has recovered over $100 million for accident victims across New York City, and construction fall cases represent some of the most complex and high-value claims the firm handles. When a roofer falls, the case rarely involves just one insurance carrier or one liable party. There are owners, general contractors, subcontractors, equipment manufacturers, and property managers who may each bear a share of responsibility. Untangling that liability map requires attorneys who come from large firm backgrounds and who understand how construction companies and their insurers operate.
Several of Cohan Law Firm’s attorneys are members of the Multi-Million Dollar Advocates Forum, a recognition given only to trial lawyers who have secured verdicts or settlements of one million dollars or more. For an injured roofer facing a long recovery, mounting medical bills, and the possibility of never returning to the physical demands of the trade, having a legal team with that kind of track record matters. The firm also pairs its attorneys with medical professionals who help assess the full scope of injuries from the beginning of the case, which directly supports the damages calculation in a serious fall claim.
Clients consistently cite the firm’s communication and responsiveness in their reviews. Over 550 five-star reviews reflect what the firm’s team hears regularly: that clients felt informed, not ignored, and that their attorneys moved their cases forward without needing to be chased. For a construction worker who has never dealt with the legal system before, that kind of clarity and accessibility changes the experience entirely. Cohan Law Firm handles retainer agreements digitally, so injured workers do not need to travel to an office while they are recovering from surgery or physical therapy.
Questions About Roofing Fall Cases in New York
Can I sue the property owner if I was employed by a roofing subcontractor?
Yes. New York Labor Law Section 240 and Section 241(6) impose direct liability on property owners and general contractors regardless of who employed the injured worker. Your employment relationship with a subcontractor does not eliminate the property owner’s or general contractor’s obligation to provide a safe work environment at elevation.
What if I was partially at fault for the roofing fall?
Under Section 240, comparative fault by the worker is generally not a defense for elevation-related falls. Even if you were not following instructions perfectly, or made a judgment call that contributed to the accident, the owner and general contractor’s liability typically remains intact. This is one of the most significant features of New York’s Scaffold Law and a critical reason why roofing fall cases in New York are different from those in other states.
What damages can be recovered in a roofing fall case?
A successful Labor Law claim can include past and future medical expenses, past and future lost wages and earning capacity, pain and suffering, and loss of enjoyment of life. If a roofer cannot return to physical work because of a spinal injury or neurological damage, the future lost earning capacity component alone can be substantial. These are calculated with the help of medical experts and vocational experts who testify about the long-term impact of the injury.
Does workers’ compensation affect my ability to bring a personal injury lawsuit?
Workers’ compensation and a Labor Law personal injury claim are separate legal tracks. You can receive workers’ compensation benefits and still pursue a civil lawsuit against the property owner and general contractor. One caveat: if your workers’ comp carrier has paid out benefits, they may have a lien against part of your civil recovery. Your attorney can address that lien as part of the settlement or verdict process.
What happens if the property owner claims the homeowner exemption?
The one and two-family homeowner exemption under Section 240 is real but narrow. Courts look at whether the homeowner had direct supervisory control over the work, provided tools or materials, or otherwise acted like a general contractor. If they did, the exemption may not apply. Every residential roofing fall case requires a close examination of the owner’s actual involvement in the project before concluding that the exemption shields them from liability.
Does OSHA involvement affect my civil lawsuit?
An OSHA investigation and any citations issued can become significant evidence in a civil claim. OSHA violations establish that specific safety standards were not met, which strengthens the Section 241(6) claim and may also support general negligence theories against multiple parties. Your attorney can obtain the OSHA inspection record, employer response, and any penalty proceedings through formal requests.
What if the roofer who was injured was undocumented?
Immigration status does not determine eligibility for Labor Law protections in New York. The Scaffold Law covers workers regardless of documentation status. An injured roofer who is undocumented still has the same right to bring a Labor Law claim against the property owner and general contractor as any other worker. This is a firm area of New York law.
Can family members of a roofer who died in a fall bring a claim?
Yes. When a roofing fall results in death, the surviving spouse, children, or estate can bring a wrongful death claim under New York law. These claims cover conscious pain and suffering before death, funeral expenses, and the economic loss the family sustains as a result of losing that person’s income and support. These cases require prompt action, particularly if a government-owned property is involved and the 90-day notice of claim deadline applies.
How long does a roofing fall case take to resolve in New York City?
Construction accident cases in New York City courts can take anywhere from one to several years depending on the number of defendants, the complexity of the liability issues, and whether the case goes to trial. Cases involving multiple contractors, disputed ownership, or serious permanent injuries often take longer because the stakes for insurers are high and they litigate more aggressively. That said, many cases resolve through settlement before a jury verdict.
Can the equipment manufacturer be held liable for a roofing fall?
Potentially, yes. If a ladder, scaffold component, harness, or other equipment failed due to a manufacturing defect or inadequate safety warnings, the manufacturer can be named as a defendant in a product liability claim alongside the Labor Law claims against the owner and contractor. This is a separate theory of recovery that requires an expert to examine the equipment and issue an opinion on the cause of the failure.
Representing Roofing Fall Victims Across New York City’s Five Boroughs
Cohan Law Firm represents injured roofers and construction workers throughout New York City. In Manhattan, the firm handles falls from high-rise and mid-rise construction projects in neighborhoods like the Upper West Side, Washington Heights, East Harlem, Chelsea, and Tribeca, where residential and commercial roofing work is ongoing across older building stock. In Brooklyn, the firm represents clients from Flatbush, Bushwick, Crown Heights, Sunset Park, Greenpoint, and Park Slope, as well as workers injured on larger commercial jobs near the Brooklyn waterfront. In the Bronx, cases come from Mott Haven, Pelham Bay, Fordham, Tremont, and the Grand Concourse corridor, where residential roofing jobs and multi-family construction projects are prevalent. Queens clients include those injured in Flushing, Jackson Heights, Jamaica, Astoria, Long Island City, and Woodside, where a combination of residential renovation and large commercial development generates significant roofing work. Staten Island clients from St. George, Stapleton, New Dorp, and Tottenville are also served. Beyond the five boroughs, the firm extends its construction accident representation to Long Island communities including Hempstead, Valley Stream, and the Nassau County corridor where New York City workers often commute to projects.
New York City Roofing Fall Attorney Ready to Review Your Case
A roofing fall can end a career and change a family’s future in an instant. New York’s labor laws were written to protect workers in exactly this situation, but those protections only translate into real recovery when a knowledgeable New York City roofing fall attorney is in your corner fighting to apply them. Cohan Law Firm handles these cases on a contingency basis, meaning no fees are owed unless there is a recovery. Every case receives a free, confidential consultation, and the firm can handle everything digitally so you can focus on your medical recovery. Reach out today to speak with a roofing fall attorney serving New York City about what your case may be worth and how to proceed.