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Hiring a roofing injury lawyer for a workers’ comp claim makes sure that your case is handled correctly and that you get the benefits that you have earned. Your lawyer can identify and address unique issues that may be critical to receiving your compensation.
To talk to an experienced injury lawyer about your roofing-related injury, contact Schiller & Hamilton.
What to Know About Roofing Injury Workers’ Comp Claims
- If you are hurt on the job in the roofing injury, you may receive workers’ compensation.
- You may receive paid medical care, replacement income, and disability pay.
- You must take the correct steps to receive your compensation.
- There may be reasons that your claim is complicated, like if your employer doesn’t have insurance or if they try to say that you’re an independent contractor.
- A lawyer can represent you. They can provide legal advice and take steps to pursue your compensation.
- With a lawyer representing you in your roofing injury workers’ comp claim, you have a professional to fight for your benefits.
At Schiller & Hamilton, we provide mindful, relentless legal representation. We handle claims for workers’ compensation for roofers. To see if a roofing injury lawyer for a workers’ comp claim may benefit you, please call or message us for your consultation.
Roofing Injuries – The Dangers and Risks
Common roofing injury risks include:
- Falling from an elevated height: Workers may stand on the roof, on ladders, on scaffolding, and in buckets. Working from an elevated height carries the risk of a fall.
- Falling objects and debris: A roofer may be struck when materials and equipment fall from above. Items may fall intentionally or accidentally.
- Manual and powered tools: Workers use a variety of equipment, including hammers, nail and staple guns, pry bars, air compressors, and utility knives.
- Hazardous chemicals: Asbestos, lead, and silica are some of the chemicals that may pose a hazard in the roofing industry. Additional dangers exist in the disposal of debris and toxic materials.
- Heat and cold: Roofers work in extreme weather conditions. They may be at risk for heat stroke, heat exhaustion, and cold-weather injury.
- Car accidents: Car accidents may happen while traveling to a worksite or on a worksite.
In addition to injury prevention, emergency response is critical to worker safety. For example, a fall arrest system with a harness, anchor, and lifeline may protect a worker in the event of a fall.
However, there must be a swift emergency response to prevent additional harm from suspension trauma. Workers must be trained in safe practices and provided with the necessary gear.
Workers’ compensation for a roofing accident doesn’t depend on who is at fault for the accident.
There are some exceptions for employee misconduct. However, the employee doesn’t have to prove that the employer was negligent.
This is good news for injured roofers, who are subject to the inherent risks of the job and the elevated dangers that arise when safety precautions are not taken.
Common Roofing Worker Injuries
Injuries that commonly occur in the roofing industry include:
- Traumatic brain injury
- Blunt force trauma, internal trauma
- Broken bones, fracture
- Electrocution
- Cuts, lacerations, burns
- Disfigurement, paralysis
- Heat illness
Because of the nature of roofing work — heavy equipment and working from elevated heights — injuries can be especially serious. There is no limit to the medical care that you can receive through workers’ compensation. You may continue your treatment until you have reached the maximum medical improvement for your workplace injuries.
Issues and Complications in Roofing Injury Workers’ Compensation Claims
A roofing injury workers’ compensation claim can become complicated. Here are some issues that may be especially important.
No workers’ comp insurance
You may try to report a workplace injury only to find that your employer doesn’t have workers’ comp insurance. Employers are required to have workers’ comp insurance if they have four or more employees. There are some exceptions, but the exceptions are unlikely to apply to a roofing company.
If you find that the subcontractor that you work for doesn’t have workers’ compensation insurance, check with the general contractor. Under the law, subcontractors count as employees of the general contractor if the subcontractor doesn’t have their own workers’ compensation insurance. Many contractors require their subcontractors to have insurance, so check with both the contractor and subcontractor.
When there is no insurance at all, you have options. You may qualify to bring a personal injury claim based on negligence that resulted in your injury. In addition, if your employer should have been insured, you may pursue compensation through the state’s uninsured employer fund. In that case, the state seeks to recoup the costs of benefits from the employer.
Improper classification as an independent contractor
Your employer may say that you don’t qualify for workers’ compensation because you’re an independent contractor. They may even pay you with a 1099. However, that doesn’t mean that you’re an independent contractor. You may be incorrectly classified.
An employee is someone engaged in employment under an express or implied contract of hire. A working agreement may be oral or written.
The question is the nature of the work — whether you use your equipment and tools, set your schedule, and create your rates. There are situations where a casual worker doesn’t qualify for benefits. However, you can go beyond what the employer calls you to fight a denial of benefits based on being called an independent contractor.
Immigration status
Workers’ compensation is payable regardless of the immigration status of the worker.
The law applies whether a person is lawfully or unlawfully employed, and even if the worker is not lawfully present. An employer can’t avoid having insurance or paying benefits by hiring illegal workers.
Get Help from a Lawyer About Claiming Workers’ Comp
If you have been hurt while working in the roofing injury, Schiller & Hamilton may assist with your workers’ comp claim. We’ve got your back, and we will work for you to get the benefits that you deserve under the law. Contact us now by phone or using our online form.