Home › Workers' Compensation › Roof Fall
Roof Fall Lawyer in Massachusetts
Falls from roofs cause catastrophic injuries. Attorney Jeffrey C. Lavey pursues every source of compensation for Massachusetts roof fall victims. Free consultation. No fees unless we win.
Roof Falls in Massachusetts
Falls from roofs are among the most common causes of fatal construction injuries in Massachusetts and across the country. Roofers, HVAC technicians, solar installers, telecommunications workers, and other tradespeople who work at roof level face extreme fall risk. When a roof fall occurs because of an employer’s failure to provide required fall protection, a general contractor’s failure to ensure site safety, or a property owner’s failure to maintain a safe work surface, multiple parties may bear responsibility. Attorney Jeffrey C. Lavey represents roof fall victims and their families throughout Massachusetts.
OSHA Fall Protection Requirements
OSHA requires fall protection for workers at heights of six feet or more in the construction industry. Acceptable fall protection methods include guardrail systems, safety net systems, and personal fall arrest systems (harnesses and lanyards). For low-slope roofs, OSHA permits safety monitoring systems as an alternative under certain conditions. The general contractor on a construction site has overall responsibility for ensuring that all workers, including subcontractors’ employees, have the required fall protection in place. Failure to provide required fall protection that results in a roof fall creates strong OSHA violation-based liability evidence.
Third-Party Claims in Roof Fall Cases
Workers' compensation covers the employer’s direct liability but not the full range of damages available in a personal injury lawsuit. Third-party claims, which recover pain and suffering and full future damages, are available against: the general contractor who controlled the work site and was responsible for overall fall protection; the property owner who created unsafe roof conditions; the manufacturer of defective fall protection equipment that failed during the fall; and any other party other than the direct employer who contributed to the accident. Attorney Lavey pursues all third-party theories in every roof fall case.
The General Contractor’s Site Safety Responsibility
The general contractor on a construction project has a broad duty to maintain overall site safety for all workers on the project, not just their own direct employees. When a subcontractor’s employee falls from a roof because fall protection that the GC was responsible for providing was absent or inadequate, the GC is a liable third-party defendant. This is one of the most important third-party liability theories in Massachusetts construction accident law, and Attorney Lavey pursues it in every roof fall case where a GC was on the project.
Compensation for Roof Fall Victims
Roof falls from significant heights cause catastrophic injuries: traumatic brain injuries, spinal cord injuries with paralysis, multiple fractures, and fatal outcomes. The combined workers' compensation and third-party recovery in these cases must account for all medical treatment past and future, all lost income, lifetime care costs in catastrophic cases, and the full pain and suffering that these devastating injuries cause. Attorney Lavey works with life care planners, vocational rehabilitation experts, and economists to document the full damages picture in every serious roof fall case.
Frequently Asked Questions
The property owner may be liable if they created or failed to address an unsafe roof condition, rotted or unstable roof decking, unmarked skylights, or other physical hazards, that contributed to the fall. If the property owner was also functioning as a de facto general contractor by controlling the work, additional liability may exist. Attorney Lavey evaluates property owner liability in every roof fall case.
Self-employed roofers are not covered by workers' compensation, which removes that exclusive remedy limitation. A self-employed roofer who falls because of the property owner’s unsafe conditions, the general contractor’s failure to provide fall protection, or a defective product may pursue full personal injury claims against those parties. Attorney Lavey handles roof fall cases for self-employed tradespeople and evaluates all available defendants.
If a harness, lanyard, anchor point, or other fall protection equipment failed during a fall, the manufacturer of that equipment may be liable under product liability law. The equipment must be preserved exactly as it was after the fall, do not repair, clean, or alter it. Attorney Lavey arranges expert engineering inspection of failed fall protection equipment as soon as he is retained.
Permanent disabilities from roof falls, including spinal cord injuries, traumatic brain injuries, and orthopedic disabilities, require lifetime compensation planning. A life care planner projects all future medical, therapeutic, and support costs. A vocational rehabilitation expert evaluates the impact on future earning capacity. Attorney Lavey coordinates these experts in every catastrophic roof fall case and pursues the maximum possible combined recovery.
Attorney Jeffrey C. Lavey — Licensed Massachusetts Attorney
Attorney Jeffrey C. Lavey is licensed to practice law in Massachusetts and has represented clients throughout Middlesex County and Massachusetts for over 37 years. He handles every case personally, no associates, no handoffs. Call (781) 938-1400 for a free consultation.
Book a Free Consultation Today
There Are No Fees Unless We Win.
- 1Complete our simple questionnaire
- 2Schedule a free consultation with Attorney Jeffrey C. Lavey
