Long Island Roofer Injury Lawyer

Roofing is consistently ranked among the most dangerous trades in the country. Workers operating on pitched roofs, scaffolding, and ladders face fall hazards, unstable surfaces, falling tools, and electrical exposure every single day. On Long Island, where residential construction, storm damage repair, and commercial roofing projects keep crews busy year-round, injuries among roofers happen with troubling regularity. When one does, the legal path forward is often more complicated than injured workers expect. A Long Island roofer injury lawyer handles the intersection of workers’ compensation law, third-party negligence claims, and labor law protections that together determine what a seriously injured roofer can actually recover.

New York Labor Law offers some of the strongest protections in the country for construction workers, including roofers. The scaffold law, codified under Labor Law Section 240, imposes absolute liability on property owners and general contractors when a worker is injured in a gravity-related accident, meaning a fall from a roof, a falling object, or a collapse. That legal standard matters enormously. It means that even if a roofer made an error in the moments before an accident, the property owner or contractor may still be fully liable. That is not the law in most states. Long Island roofers injured on job sites have legal tools available to them that go well beyond a standard workers’ comp claim.

But those tools only work if they are used correctly and in time. Workers’ compensation deadlines in New York are strict, and the window to file a Labor Law or negligence lawsuit requires prompt investigation, evidence preservation, and legal analysis. Waiting too long, or filing the wrong type of claim first, can limit your recovery significantly. The decisions made in the weeks immediately following a roofing accident tend to define what an injured worker ultimately receives.

What Roofers on Long Island Are Actually Dealing With After a Serious Accident

A roofing injury is rarely a minor event. Falls from even one-story structures can fracture vertebrae, shatter wrists, cause traumatic brain injuries, or result in spinal cord damage. Workers who land on concrete, landscaping materials, or equipment face injuries that require surgery, extended rehabilitation, and sometimes permanent accommodation. Some roofers never return to the trade. Others go back before they are fully healed, under economic pressure, only to aggravate their injuries or settle their claims for far less than the injury was worth.

Long Island’s construction economy is active across Nassau and Suffolk Counties, with significant roofing work tied to hurricane and storm repair, new residential developments in areas like Huntington, Smithtown, and Babylon, and large commercial projects throughout the island. Many roofing crews are employed by small subcontractors who carry minimal insurance. Others are classified as independent contractors by the companies hiring them, a classification that is often legally incorrect and that some employers use to avoid paying workers’ compensation premiums. If you were told you are not covered by workers’ comp because you are a “1099 worker,” that classification deserves scrutiny from a Long Island roofer injury attorney before you accept it.

Types of Claims Available to Injured Roofers in New York

• Labor Law Section 240 (The Scaffold Law): This statute holds property owners and general contractors strictly liable when roofers suffer gravity-related injuries, including falls from roofs, ladders, and scaffolding, regardless of comparative negligence by the worker. Long Island homeowners, commercial building owners, and developers can all be named defendants.
• Labor Law Section 241(6): Requires property owners and contractors to maintain construction sites in compliance with specific safety codes. Violations of the New York Industrial Code, such as inadequate roof hole covers, improper scaffold planking, or missing guardrails, can support a negligence claim against the owner or general contractor.
• Labor Law Section 200 and Common Law Negligence: Applies when the owner or general contractor had control over the means of work and failed to provide a reasonably safe environment, or when a defective condition on the property contributed to the accident.
• Workers’ Compensation Claims: New York workers’ comp covers medical treatment and a portion of lost wages for most employed roofers. Benefits are no-fault, meaning you do not need to prove the employer was negligent, but the amount recoverable is capped. Filing a comp claim does not bar you from also pursuing a Labor Law lawsuit against a property owner or third party.
• Third-Party Product Liability: If defective equipment contributed to the accident, such as a faulty ladder, a defective safety harness, or improperly manufactured roofing materials, the equipment manufacturer or supplier may be independently liable.
• Independent Contractor Misclassification Claims: Roofers improperly classified as independent contractors may have been unlawfully denied workers’ comp coverage. A legal review can determine whether the classification was legitimate or designed to strip the worker of benefits.
• Wrongful Death Claims: When a roofing accident is fatal, the surviving family may pursue a wrongful death claim in addition to workers’ compensation death benefits. These cases often involve multiple defendants and require immediate legal attention to preserve evidence.

What to Do in the Weeks Following a Roofing Accident on Long Island

The single most important thing an injured roofer can do is report the accident immediately, both to their employer and in writing. In New York, injured workers generally must notify their employer promptly and file a workers’ compensation claim with the New York State Workers’ Compensation Board within a defined period. Missing these deadlines can jeopardize your benefits. The Workers’ Compensation Board handles claims through a system of hearings, and cases are frequently managed at district offices that serve Long Island. Understanding how to navigate that system while simultaneously preserving your right to a third-party lawsuit requires coordinated legal handling from the start.

Preserve everything from the accident scene if you can. Photographs of the roof, the ladder, the scaffolding, the footwear you were wearing, and any equipment involved are critical. Witness information from other crew members should be collected immediately, before people leave the job site or are reassigned. If OSHA was notified of the accident, obtain the investigation report once it becomes available. OSHA reports are not always favorable to injured workers, but they document conditions and sometimes identify safety violations that support a Labor Law claim. The Manhattan Area OSHA office covers New York City and much of the surrounding area, and Long Island falls under federal OSHA jurisdiction as well.

Do not give a recorded statement to any insurance company, including your employer’s workers’ compensation insurer, without consulting a Long Island roofer injury attorney first. Adjusters are trained to gather statements that minimize liability. What you say in those early conversations often shapes how your claim is characterized, and certain phrasings can be used to argue that you were the sole cause of your own accident. That matters even more in third-party Labor Law cases where the other side will scrutinize every detail of how the injury occurred.

For workers with surgical injuries or extended recovery periods, the gap between workers’ comp wage replacement and actual lost income can be substantial. A Labor Law lawsuit, if viable, can recover full lost wages, pain and suffering, and future earning capacity, categories of damages that workers’ comp does not cover. Understanding which combination of claims fits your situation requires a legal analysis that is specific to your employer, the property owner, the general contractor, and the facts of what happened.

Why Mark David Shirian P.C. Handles These Cases

Mark David Shirian P.C. was founded with a direct purpose: to represent people who have been wronged and help them recover what they are owed. Attorney Mark D. Shirian and Senior Associate Shawn D. Shirian represent injury victims across New York City and New York State, including Long Island workers who have been seriously hurt on construction and roofing jobs. The firm has recovered millions on behalf of clients across its practice and takes a case-by-case approach, assessing each situation carefully before recommending a legal strategy.

For a roofer facing a serious injury, having a Long Island roofer injury attorney who handles personal injury litigation, not just workers’ comp paperwork, is the difference between recovering your medical bills and recovering the full value of what the accident cost you. The firm’s approach is direct and communicative. Clients are not passed off to paralegals or left wondering about the status of their case. Attorneys Mark and Shawn Shirian advocate from the outset and keep clients informed through each stage of the legal process.

Client reviews of the firm consistently point to the same qualities: attorneys who pay close attention to the details that matter, who work hard toward the outcome the client needs, and who fight for results rather than quick settlements. For roofers with long-term injuries, those qualities translate directly into a more thorough claim that accounts for future medical needs and diminished earning capacity.

Questions Injured Roofers Ask Before Hiring an Attorney

Can I sue the homeowner whose roof I was repairing when I fell?

In many cases, yes. Under New York Labor Law Section 240, property owners, including residential homeowners, can be held strictly liable for gravity-related injuries that occur on their property. There is a limited exception for homeowners who both own a one or two-family dwelling and did not direct or control the work, but this exception is narrower than many people assume. Whether it applies depends on the specific facts of the project. An attorney can evaluate whether the homeowner exemption would apply to your situation.

What if I was working without proper workers’ comp coverage?

New York employers are required by law to carry workers’ compensation insurance for their employees. If your employer failed to provide coverage, they are in violation of state law and the New York State Workers’ Compensation Board has mechanisms for handling uninsured employer claims, including the Uninsured Employers Fund. You may also have a direct legal claim against the employer for failing to carry required coverage. Being uninsured does not mean you are without remedies.

How does a workers’ comp claim affect a Labor Law lawsuit?

Filing a workers’ comp claim does not prevent you from also filing a lawsuit against a property owner, general contractor, or third party under Labor Law. These are separate legal proceedings with different defendants. Workers’ comp covers your employer, while a Labor Law lawsuit targets the property owner or general contractor who is not your direct employer. The compensation you receive from workers’ comp may reduce the damages awarded in the lawsuit through a lien process, but the two claims work together to maximize total recovery.

What is the statute of limitations for a roofing injury lawsuit in New York?

For a personal injury claim under Labor Law or common law negligence, you generally have three years from the date of the accident to file a lawsuit in New York. However, if a municipality or government entity owns the property where you were injured, different notice requirements apply and the window to preserve your claim can be as short as 90 days. Workers’ compensation claims have their own separate filing deadlines. Because multiple deadlines may apply to a single accident, meeting with an attorney quickly after the injury is the safest approach.

My employer says I am an independent contractor, not an employee. Do I have any rights?

Possibly. Whether a worker is legally an employee or an independent contractor depends on the actual relationship, not just what the paperwork says. New York courts apply a multi-factor test that looks at how much control the hiring party exercised over the work, whether the worker supplied their own tools, how long the relationship lasted, and other factors. Many roofers labeled as 1099 contractors are actually employees under the law. A reclassification as an employee can restore workers’ comp eligibility and other protections.

What if OSHA found that I violated a safety rule right before the accident?

An OSHA finding of a safety violation by a worker does not automatically defeat a Labor Law Section 240 claim. That statute is absolute liability, meaning that comparative fault by the injured worker is not a defense that property owners and contractors can use against a Section 240 claim. It may still be relevant to other aspects of the case, but it does not eliminate your legal rights under the scaffold law. This is one area where New York law is considerably more protective than other states.

Can I bring a claim if a coworker’s negligence caused my fall?

Generally, a workers’ comp claim covers injuries caused by a coworker’s negligence without requiring any proof of fault. As for a Labor Law lawsuit, the claim runs against the property owner and general contractor, not your coworker. The coworker’s actions may be relevant to how the accident unfolded, but your right to pursue the owner and contractor under Labor Law is not negated because another worker contributed to the unsafe conditions.

What damages can I recover beyond medical bills and lost wages?

A successful Labor Law or negligence lawsuit can recover past and future medical expenses, past and future lost earnings, loss of earning capacity if you cannot return to roofing or can only work in a reduced capacity, and compensation for pain and suffering, including physical pain, emotional distress, and loss of enjoyment of life. For severe or permanent injuries, future damages often represent the largest portion of the overall recovery. Workers’ comp, by contrast, does not compensate for pain and suffering at all.

What happens to my claim if I was partially healed and returned to work too soon?

Returning to work before you are fully recovered is common, especially for workers under financial pressure. This fact pattern does not necessarily damage your claim, but it can complicate damages calculations for future lost wages and medical needs. It is important to be transparent with your attorney about your work status and any physical limitations you are still experiencing. Medical records documenting ongoing symptoms after a return to work can remain relevant to the value of your case.

How long will a roofing injury case take to resolve on Long Island?

That depends heavily on the severity of the injury, the number of defendants, how disputed the liability is, and whether the case settles or proceeds to trial. Labor Law cases in Nassau and Suffolk County courts can move more quickly than many expect when liability is clear under Section 240, because the absolute liability standard limits the factual dispute to damages. Cases involving catastrophic injuries with contested future damages, or cases with complicated construction contracts naming multiple parties, tend to take longer. Many cases resolve in negotiated settlements before trial, but the firm prepares every case as though it will be tried.

Serving Injured Roofers Across Nassau County, Suffolk County, and Beyond

Mark David Shirian P.C. represents injured roofers and construction workers throughout Long Island, including clients from Nassau County communities such as Hempstead, Mineola, Garden City, Valley Stream, Freeport, Rockville Centre, Lynbrook, Oceanside, Elmont, and Great Neck. Across Suffolk County, the firm serves workers from Babylon, Bay Shore, Islip, Brentwood, Central Islip, Huntington, Commack, Smithtown, Hauppauge, Patchogue, Ronkonkoma, Medford, Riverhead, and the East End communities of Southampton, East Hampton, and Greenport. Workers employed on Long Island projects who live in Queens, Brooklyn, or other boroughs are also served, and the firm handles cases that cross jurisdictions when Long Island job sites involve contractors or owners based in New York City.

Construction roofing injuries across Long Island’s active residential and commercial markets generate cases involving Nassau and Suffolk County Supreme Courts, and for workers’ compensation matters, the New York Workers’ Compensation Board district offices that serve Long Island. Whether your accident happened on a new development in Huntington Station, a storm repair project in Islip, or a commercial re-roofing job in Hauppauge, the legal protections available to you are the same across the island.

Talk to a Long Island Roofer Injury Attorney About Your Case

A fall from a roof changes everything. Medical expenses, lost income, physical limitations, and the uncertainty about what comes next create real pressure that does not ease on its own. A Long Island roofer injury attorney at Mark David Shirian P.C. can assess the full scope of your legal options, including workers’ comp, Labor Law, and third-party claims, and give you a clear picture of what your situation actually looks like under New York law.

Mark David Shirian P.C. offers confidential case evaluations for injured roofers and construction workers throughout Long Island and New York State. Attorneys Mark D. Shirian and Shawn D. Shirian handle these cases directly and can tell you honestly what claims you have, what the process looks like, and what to expect. Contact the firm today to get started.