Roofing accidents are exceedingly common in the industry, causing hundreds of accidents every year. Many times, these accidents result in serious and debilitating injuries that leave a person unable to work and earn income. This, in tandem with steep medical bills, can be devastating to the worker and their family. For this reason, more and more Ohio workers are contacting Toledo roofing accident injury attorneys to obtain compensation.
At Schaffer & Associates LPA, we represent Ohio workers who were involved in roofing accidents. Drawing on our years of experience and breadth of knowledge, we have been able to successfully obtain millions of dollars in compensation for our clients. If you or a loved one was involved in a roofing accident in Ohio, it is important to act quickly. Consider scheduling a free consultation with our team of Toledo roofing accident injury attorneys at (419) 350-8277 today.
How Can a Roofer Be Injured in a Roofing Accident?
Due to a combination of working at heights and on surfaces that may be unstable or damaged, roofing is a dangerous activity. In fact, according to the Bureau of Labor Statistics, for every 100,000 workers there were over 40 fatal roofing accidents in 2020 alone. This positions roofing as one of the top ten most dangerous careers in the United States.
Roofing accidents happen due to a variety of reasons. Some of the most common ways that a roofer can be injured in an accident include:
- Falling from high surfaces: As the top cause of death among roofers, falls are a common accident in the industry. Unfortunately, the vast majority of falls could be prevented by employing proper safety protocol and equipment.
- Scaffolding accidents: As temporary structures, scaffolds pose a great risk to roofers. Every year, roofers experience injury by falling from scaffolds or due to collapsing scaffold structures.
- Power tool incidents: Often, roofers use heavy machinery and tools to complete work tasks. For this reason, puncture wounds and cuts are common. Additionally, power cords present a risk for tripping and falling from surfaces.
- Repetitive strain injuries: After years of repetitive motion, roofers can sustain injuries from performing the same tasks day in and day out. Repetitive strain injuries can result in serious musculoskeletal conditions, chronic pain, and carpal tunnel syndrome, for example.
- Ladder fall accidents: Ladder accidents cause some of the most common work-related injuries across industries. This is true of the roofing sector as well. Carrying tools or heavy loads while ascending or descending a ladder can pose a risk for injury. Similarly, improper use of a ladder or lack of safety gear can increase the risk of these accidents.
- Weather–related accidents: Exposure to extreme heat or cold can result in serious injury or even death.
Regardless of the circumstances of the accident, it may be possible to obtain compensation. An experienced Toledo roofing accident injury attorney can provide a better understanding of the claims process in Ohio.
What Are Fall Protection Standards and How Do They Protect Roofers?
Roofers have a right to work in a safe environment where they can be confident that their employer is following the Occupational Safety and Health Administration’s (OSHA) guidelines and the guidelines set forth by the Ohio Administrative Codes (OAC).
As a roofing accident injury attorney, we know that OSHA’s fall protection standards are often not followed, leading to potential catastrophic injury or death.
Fall protection standards aim to:
- Prevent roofers from falls
- Safeguard employees from injuries or death
- Add protection for roofers in the construction industry
For example, OSHA requires that standards are followed when heights exceed the following:
- 4-feet in general workplaces
- 5-feet in shipyards
- 6-feet in construction sites
- 8-feet in longshoring operations
Roofers are also specially protected by OSHA, as all employees are required to receive fall protection training. Workers must be taught by a competent individual to recognize fall hazards, how to minimize hazards, inspect fall protection equipment, erect it and dissemble it, too.
Employers must certify that the worker has received training.
Personal fall arrest systems (PFAS) must be used for heights of six feet or higher from a lower level. A PFAS can prevent workers from contacting the lower floor, so no impact injuries occur.
The anchorage of a PFAS cannot include a body belt and must be systems that can hold 5,000 pounds per worker. Employers also need a rescue plan if a person falls and a PFAS in place because suspension trauma can occur if the worker is not rescued quickly.
Employers may also integrate a fall restraint system that prevents workers from reaching the edge of the roof or prevents a fall if the roofer loses their footing on the roof.
Fall protection standards can also include covering roof openings, such as skylights, to prevent workers from falling. Ladders must be inspected periodically to identify any defects and reduce the risk of failure.
In addition to OSHA standards, the Ohio Administrative Code Rule 4123:1-3-11 outlines general requirements for ladders, railings, rungs, provides specifications for materials of ladder construction, placements, locking mechanisms and more. Exclusive to roofing devices, OAC Rule 4123:1-3-09 outlines requirements related to felt-laying machinery, brackets and fastening, chicken ladders, securing of crawling boards, and specifications for handling of roofing material, as well as other guidelines.
Rules and recommendations are in place for scaffolding, access, platforms, guardrails and more. If an environment is unsafe or an employer fails to meet safety standards, it can lead to catastrophic injury or death.
What Injuries are Likely to Occur Following a Roofing Accident?
After spending years representing victims of roofing accidents, our team at Schaffer & Associates LPA have secured compensation for hundreds of injured workers. As such, we have witnessed a wide range of injuries. Some of the most common roofing accident injuries that our Toledo roofing accident injury attorneys have obtained compensation for include:
- Traumatic brain injuries
- Fractures and broken bones
- Neck and spinal cord injuries
- Amputations
- Damage to internal organs and internal bleeding
- Electrocution
- Puncture wounds
- Repetitive strain injuries
- Heat stroke
When these injuries do occur, they can have a grave impact on the victim as well as their family and loved ones. To help offset these consequences, Ohio law has established a set of rules and regulations for workers’ compensation in the state. Workers’ compensation coverage can help address medical expenses and ensure financial wellbeing for injured roofers.
Who Is Liable After a Roofer Is Injured in a Roofing Accident?
While all states offer some form of workers’ compensation for injured workers, Ohio’s system operates a bit differently from others. Ohio operates a no-fault system, meaning neither the employer nor the employee can be held liable for a work-related accident. Instead, all employers must obtain some form of workers’ compensation coverage, either through the Ohio Bureau of Workers’ Compensation or through self-insurance. This, in turn, protects them from negligence lawsuits. The employee is safeguarded as well, ensuring that they are protected following an accident regardless of the circumstances.
There may be certain instances when a third-party can be held liable after a roofer is injured in a roofing accident. In most cases, a third-party liability lawsuit can be pursued if the worker was injured due to a product defect. Similarly, if the accident was a result of someone else’s negligence, aside from the employer, legal action may be sought to recover damages. To navigate these legal matters and secure a fair settlement, seeking assistance from an experienced Toledo roofing accident injury attorney can be valuable.
What If an Employer Violated Fall Protection Standards and a Roofer Is Injured?
Workers’ compensation is no-fault insurance, which means that even if the employee or employer is negligent, the injuries will be covered.
However, the situation becomes more complex if you’re injured because your employer violated fall protection standards.
Under Ohio law, employers are required to provide and maintain a safe workplace for their employees.
When employers violate fall protection standards, it puts their employees at risk of accident and injury.
In cases where fall protection standards are ignored, injured workers may be eligible for additional compensation through a Violation of Specific Safety Requirements (VSSR) claim. This compensation is separate from your workers’ compensation claim and can be awarded alongside your weekly benefits.
The additional monetary award can range from 15-50% of the compensation paid in the claim at the maximum rate for the date of injury.
VSSR claims are complex, and the burden of proof is on the employee. You must have evidence that:
- An existing safety requirement in the Ohio Revised Code is applicable to your work circumstance
- Your employer violated that requirement when the accident occurred
- That violation led directly to your injuries
Gathering evidence and building a strong claim is crucial. You will also be required to present your case at a hearing. Working with an experienced roofing accident injury attorney who understands VSSR claims is crucial.
An attorney can help navigate the claims process, represent you at the hearing and ensure you have the right evidence to support your claim.
Call Schaffer & Associates today at (419) 350-8277 or send us a message to learn more about VSSR claims.
How to Prove Employer Liability in a Roofing Accident
In some cases, the employer may be held liable in a roofing accident. There have been cases when an employer attempts to classify the roofer as an independent contractor to avoid coverage. In these cases, legal action may need to be taken to secure rightful compensation. In other circumstances, an employer may have taken intentional action to cause harm to the employee. Or, alternatively, they may have negligently failed to provide proper training or equipment to workers. This may be grounds for a lawsuit.
To recover damages in a lawsuit, it is necessary to prove employer liability. This is often very difficult, as evidence and other related materials must be produced to prove that the employer was directly responsible for the accident. To optimize the success of a case, it is imperative for the worker to record all medical processes and treatment, as well as document all details of the accident. Involving a Toledo roofing accident injury attorney can help to successfully conclude a liability case.
Obtain Compensation with the Help of an Experienced Roofing Accident Injury Attorney at Schaffer & Associates LPA Today
Roofing accidents can be devastating, resulting in both physical and financial consequences that may have a long-term effect on the worker and their family. In the event of roofing accidents, it is important to understand whether action can be taken to recover from the burden of medical expenses and loss of income.
Fortunately, it is possible to pursue workers’ compensation and, in some cases, legal action to recover damages. To optimize your compensation, it is important to act quickly and seek assistance before it is too late. If you or a loved one was involved in a roofing accident, contact a knowledgeable Toledo roofing accident injury attorney at Schaffer & Associates LPA today at (419) 350-8277.
