Roofing Risks: The Importance of Construction Worker Safety Matters – and What to Do When It Fails

The construction industry is a vital part of our economy, building the homes we live in, the roads we travel on, and the businesses we rely on. But behind the hard hats and heavy machinery lies a stark reality: construction work is very dangerous.

Every day, construction workers face a multitude of hazards, and the risk of injury is ever-present. Falls, electrocution, being struck by objects, and caught-in/between accidents are just a few of the “Fatal Four” OSHA violations that account for a significant number of construction worker deaths each year. These risks are even more pronounced in specialized trades like roofing, where workers often operate at significant heights, facing unique challenges that demand rigorous safety protocols.

At Bailey Javins & Carter, LC, we understand the inherent risks faced by construction workers. We’ve witnessed firsthand the devastating consequences of workplace accidents, and we’re dedicated to fighting for the rights of injured workers. Recently, our firm secured a $1 million verdict for Ronald Adams, a roofer who suffered severe spinal injuries after falling from the roof of the Taylor County Courthouse in Grafton, WV.

Mr. Adams was working for a subcontractor hired by the general contractor to repair hail damage. The incident occurred when frozen shingles caused him to lose his footing, resulting in a 12.5-foot fall. Our legal team, led by J. Ryan Stewart, successfully argued that both the general contractor and the subcontractor failed to provide adequate fall protection and training, directly contributing to the accident. This case highlights the critical importance of safety measures in the construction industry, particularly for high-risk trades like roofing.

A Million-Dollar Reminder: The Importance of Accountability

The Adams case serves as a stark reminder of the devastating consequences that can result from negligence in workplace safety. It underscores the need for continuous training, proper safety equipment, and a commitment from all parties involved in construction projects to prioritize the well-being of workers. The $1 million verdict secured by our firm sends a powerful message: companies must be held accountable for ensuring the safety of their employees. This case highlights the complexities of liability in construction accidents, often involving multiple contractors and subcontractors, and the importance of strong legal representation to navigate these challenges.

Beyond Falls: The Myriad Dangers Faced by Roofers

Roofers face a unique set of dangers. Working at great heights exposes them to the constant threat of falls, which can lead to catastrophic injuries or even death. Beyond falls, roofers are also susceptible to:

• Weather Exposure: Extreme heat, cold, wind, rain, and snow can create hazardous working conditions, increasing the risk of slips, falls, and other accidents. Inclement weather definitely played a role in the Taylor County Courthouse verdict as the frozen shingles contributed to Mr. Adams losing his balance.
• Material Handling: Lifting and carrying heavy roofing materials can lead to back injuries, strains, and sprains. Improper handling of tools and equipment can also cause injuries.
• Nail Gun Injuries: Nail guns are powerful tools that can cause serious injuries if used improperly. Accidental nail punctures can lead to infections, nerve damage, and other complications.
• Electrical Hazards: Contact with power lines or faulty wiring can result in electrocution, burns, and other electrical injuries.
• Exposure to Chemicals: Roofers may be exposed to various chemicals, including adhesives, sealants, and cleaning products, which can pose health risks if not handled properly.

Prioritizing Safety: A Collective Responsibility

The construction industry, and the roofing trade, in particular, demands a strong safety-first culture. Employers have a legal and ethical obligation to provide their workers with a safe working environment that adheres to OSHA standards. This includes:

• Fall Protection: Providing appropriate fall protection systems, such as harnesses, guardrails, and safety nets, is paramount for roofers and other workers at heights. Ensuring that these systems are properly installed and regularly maintained is essential. Employers should also conduct routine safety checks and provide clear instructions on the correct usage of fall protection equipment to prevent accidents and injuries.
• Training: Comprehensive safety training is essential to ensure that workers understand the hazards they face and how to protect themselves. Training should cover fall protection, hazard recognition, tool safety, and other relevant topics. Continuous education and refresher courses should be provided to keep workers updated on new safety protocols and emerging risks. Interactive sessions, simulations, and hands-on practice can enhance the effectiveness of training programs.
• Personal Protective Equipment (PPE): Workers should be provided with and required to use appropriate PPE, such as hard hats, safety shoes, and eye protection. Employers should ensure that PPE fits properly and is in good condition. Regular inspections and replacements of worn-out equipment are necessary to maintain protection levels. Additionally, educating workers on the importance of PPE and its correct usage can foster a safety-conscious work environment.
• Regular Inspections: Work sites should be regularly inspected to identify and address potential hazards. These inspections should be thorough and documented, with immediate action taken to rectify any issues found. Involving workers in the inspection process can provide valuable insights and encourage a collective responsibility toward safety. Implementing a checklist for inspections can help ensure no aspect of the worksite is overlooked.
• Enforcement of Safety Rules: Safety rules should be strictly enforced, and workers should be empowered to report safety concerns without fear of reprisal. Establishing a clear protocol for reporting and addressing safety violations is essential. Encouraging a culture of accountability, where everyone is responsible for upholding safety standards, can significantly reduce the risk of accidents. Regular meetings and open communication channels can help reinforce the importance of adhering to safety regulations.

• The High Stakes of the High Trade: Key Risks for U.S. Roofing Contractors

  🛑 RISK DOMAIN	SPECIFIC HAZARD / ISSUE	LEGAL & REGULATORY RAMIFICATIONS	KEY DATA POINT (THE SCALE)
  I. SAFETY & COMPLIANCE (OSHA)	The Fall Hazard (1926.501)	Willful and Serious OSHA Citations, leading to fines up to $165,514 per violation (for repeated offenses). Exposure to wrongful death and catastrophic injury lawsuits.	For the 13th year, Fall Protection is the #1 most-cited OSHA violation across all industries. Falls account for approximately 83% of all roofing fatalities.
  	Ladders, Scaffolding, and Training	Citations for equipment failure, improper setup, or inadequate worker safety training (1926.1053, 1926.503). Fines are often cumulative.	OSHA enforcement actions against roofing contractors total tens of millions of dollars annually, with single firms facing fines over $500,000.
  II. CONTRACTUAL & CIVIL LIABILITY	Breach of Contract	Lawsuits over failure to meet scope (e.g., not replacing rotten decking), using substitute materials without consent, or failing to pull/close permits.	One of the top 3 reasons roofers are sued. Can result in court-ordered damages covering the full cost of re-roofing or defect remediation.
  	Negligence & Property Damage	General Liability (GL) claims from leaks, ladder damage to siding/landscaping, or tools dropped on vehicles. Subrogation by the homeowner’s insurance company is common.	Non-fatal injuries sustained by roofers increased by ~17% in recent reporting years, creating upward pressure on Workers’ Comp costs and premiums.
  III. FINANCIAL & INSURABILITY	Unlicensed Public Adjusting (UPPA)	In states like Texas and Florida, offering to “handle” a customer’s insurance claim or offering to “eat” the deductible is illegal.	Contracts found to violate UPPA laws may be deemed void or voidable, subjecting the contractor to damages, penalties, and even license revocation.
  	Substandard Workmanship (Warranty)	Liability under written and implied warranties for subsequent water intrusion, material failure, or premature aging of the roof system due to installation errors.	Non-fatal accidents often result in severe injuries (e.g., 49% are fractures), leading to median employee time away from work potentially exceeding 60 days for severe fall-through incidents.

  Physical Threats on the Roof: Common Accidents and Resulting Injuries

  A Deeper Look into the Day-to-Day Hazards Faced by Roofing Professionals

  ⚠️ ACCIDENT TYPE	PRIMARY CAUSE / SCENARIO	COMMON INJURIES (WORKERS’ COMP EXPOSURE)	MITIGATION STRATEGY FOCUS
  Falls from Elevation	Unprotected edges, roof openings (skylights), improper ladder/scaffold use, working on slippery/wet surfaces.	Fractures (49% of non-fatal severe injuries), Traumatic Brain Injury (TBI), Spinal Damage, Paralysis.	100% Fall Protection compliance (harness, guardrails, safety nets). Regular safety training (1926.503).
  Struck-By Accidents	Dropped tools (hammers, nail guns, materials) striking ground workers, or objects (tools, materials) falling from hoists/lifts onto roofers.	Concussions (15% of non-fatal severe injuries), Head Trauma, Cuts/Lacerations, Internal Organ Damage.	Secure all tools and materials. Implement “drop zones” and ground-level perimeter warnings. Mandatory hard hats.
  Tool & Puncture Injuries	Nail gun misfires, stepping on upturned nails, power saw kickback, or misuse of cutting tools (e.g., utility knives).	Puncture Wounds, Severe Lacerations, Amputations (fingers/hands), Eye Injuries from flying debris.	Proper tool maintenance, mandatory training on nail gun safety, and always wearing eye/face protection.
  Thermal & Chemical Exposure	Contact with hot asphalt/tar used in Built-Up Roofing (BUR) systems, or inhalation of fumes from adhesives, solvents, or primers.	Severe Contact Burns, Flash Burns, Respiratory Illness (short and long-term), Heat Exhaustion/Stroke.	Adequate ventilation (especially in low-slope work), use of appropriate PPE (gloves, respirators), and mandated water/rest breaks.
  Electrical Hazards	Contact between metal ladders, scaffolds, or material handling equipment (e.g., boom lifts) and overhead power lines.	Electrocution, Severe Electrical Burns (internal and external), Cardiac Arrest, Death.	Identify and maintain a safe distance from power lines (minimum 10 feet). De-energize and lock out circuits where possible.
  Musculoskeletal Issues	Repetitive motions (nailing, carrying shingles), poor ergonomics, or lifting heavy loads improperly up ladders/hoists.	Back Injuries (herniated discs), Joint Damage (shoulders, knees, elbows), Repetitive Motion Injuries (e.g., Carpal Tunnel Syndrome).	Use mechanical lifts/hoists. Implement stretching and warm-up routines. Provide job rotation to limit repetitive stress.

Seeking Experienced Legal Counsel to Protect Your Rights

Despite safety regulations and best practices, accidents still happen. When a construction worker is injured on the job, it’s important to seek immediate medical attention and legal representation. Navigating the complex world of workplace injury law can be challenging, especially when multiple parties, such as general contractors and subcontractors, are involved.

A skilled West Virginia catastrophic workplace accident attorney can investigate the accident, gather evidence, and determine all responsible parties. They can help injured workers obtain the compensation they deserve for medical expenses, pain and suffering, and other damages. Furthermore, a strong legal advocate can ensure that negligent parties are held accountable for their actions, which can help prevent future accidents and improve safety standards throughout the industry.

If you or a loved one has been injured in a construction accident, don’t face the aftermath alone. Contact the experienced legal team at Bailey Javins & Carter, LC today for a free consultation. We’re here to fight for your rights and help you get the justice you deserve. We understand the complexities of construction accident litigation, and we have a proven track record of success in securing favorable outcomes for our clients. Call us at 800-497-0234 or message us online to get started.