Roofing is one of the most dangerous jobs in the construction industry. Roofing accidents most commonly involve falls, either from the roof itself or from ladders and scaffolding. These falls may lead to traumatic brain injuries, spinal cord injuries, broken bones and death.
Another common hazard is falling debris. Being struck by falling objects can cause head injuries, lacerations and in severe cases, crush injuries. Roofers are also at risk of electrocution from contact with power lines or electrical wiring. What are your legal options when you’re the victim of a roofing accident?
Workers’ compensation
In most cases, injured workers can seek compensation for on-the-job accidents through their employer’s workers’ compensation insurance and the Ohio Bureau of Workers’ Compensation (BWC). This is often the only remedy available for work accidents, although there are exceptions.
Workers’ compensation coverage typically pays for medical expenses, a portion of lost wages and rehabilitation costs. It’s a no-fault system, which means workers are not required to prove fault. However, workers’ compensation benefits are limited. They may not fully cover the financial and emotional toll of a severe injury.
Third-party liability
While workers’ compensation are often the primary source of compensation, there are situations where a third party could be held liable for a roofing accident. For instance, if faulty equipment or defective materials caused the accident, the manufacturer or supplier might be responsible. Similarly, if a subcontractor’s negligence contributed to the accident, they could also be held accountable. In that case, injured workers may file a personal injury lawsuit. If successful, this can cover damages like pain and suffering, lost future earnings and more.
Employer liability
Holding an employer responsible for on-the-job injuries is typically barred by workers’ compensation. Workers’ compensation is the exclusive remedy in the vast majority of cases. That means employees cannot sue their employer directly for work-related injuries.
There are, however, exceptions. If an employer’s conduct was intentional, grossly negligent or in violation of specific safety regulations, an injured worker might be able to file a personal injury claim against the employer.
For instance, if an employer knowingly ignored safety protocols or failed to provide necessary protective equipment, leading to a serious accident, the injured worker could potentially pursue a lawsuit. If successful, they may recover additional damages beyond what workers’ compensation covers.
Recovering compensation for your roofing accident can be complex, and workers’ compensation alone may not be sufficient. If you or a loved one has been injured in a roofing accident, call the Law Offices of Tim Misny today to learn more about your legal options.
Talk to a Columbus workers’ compensation and personal injury lawyer
The Law Offices of Tim Misny can help you with your roofing accident claim. Whether you need help navigating the workers’ compensation system or filing a personal injury claim, I’ll Make Them Pay!® Call my office at (877) 614-9524 so that I can evaluate your case right away.
