Close Menu
 
Mark David Shirian PC: Brooklyn Roofer Injury Lawyer
Assertively Fighting for the Rights of Our Clients
New York City Personal Injury Lawyer / Brooklyn Roofer Injury Lawyer

Brooklyn Roofer Injury Lawyer

Roofing is one of the most physically dangerous trades in New York City. Workers fall from scaffolding, through deteriorated surfaces, off ladders, and onto sidewalks below. When those falls happen on a Brooklyn job site, the injuries are almost never minor. Broken vertebrae, traumatic brain injuries, shattered ankles, and torn rotator cuffs are common outcomes. So are deaths. A Brooklyn roofer injury lawyer handles a specific category of construction accident law that most general personal injury attorneys have limited exposure to, because roofing claims in New York involve a distinct set of statutes, liable parties, and insurance structures that demand focused attention.

New York Labor Law provisions that apply specifically to elevation-related work have given injured roofers some of the strongest legal protections of any worker in the country. But having a legal right and successfully recovering compensation are two different things. Construction site owners and their insurers fight these claims hard, often challenging whether the worker was using safety equipment properly, whether the injury was caused by the fall itself, or whether the contractor bears any responsibility. A roofer injured in Brooklyn needs representation that understands how these defenses are built and how to dismantle them.

Mark David Shirian P.C. represents workers who have been seriously hurt in construction and roofing accidents across Brooklyn and New York State. The firm’s approach starts with a thorough assessment of exactly what happened, who controlled the site, and which parties carry exposure before any legal strategy is built around that picture.

What Makes Roofing Accident Claims in Brooklyn Legally Distinct

New York’s Labor Law framework creates liability pathways that do not exist in most other states. Specifically, Labor Law Section 240 imposes absolute liability on property owners and general contractors when a worker falls from an elevation or is struck by a falling object, provided the proper safety devices were not in place or failed to do their job. This means a roofer who falls off an unguarded roof edge in Bushwick does not need to prove the property owner was careless in the conventional sense. If no adequate safety system was in place, liability attaches.

Section 241(6) adds another layer of protection by requiring that construction sites meet specific safety regulations promulgated under the Industrial Code. When a violation of one of those code provisions contributes to a roofing injury, the injured worker has a viable claim even if the fall scenario does not fit neatly within Section 240. Labor Law Section 200, the general negligence provision, is also frequently at play when the dangerous condition arose from the way the work itself was supervised or the physical condition of the structure.

Understanding how these provisions interact, which claims run against which parties, and how to navigate the comparative fault arguments that defendants will raise requires specific knowledge of how New York construction litigation actually works. Brooklyn courts see substantial construction accident dockets, and the legal arguments deployed in these cases have real texture and complexity.

Types of Roofing Injuries and Job Site Conditions That Trigger These Claims

  • Falls from roof edges without guardrails: Brooklyn has an enormous volume of older residential and mixed-use buildings, and renovation projects frequently involve unguarded perimeters where workers are left exposed with no fall arrest systems.
  • Ladder failures and collapses: Defective, improperly set, or unsecured ladders remain one of the leading causes of roofer injuries in New York City, and both the equipment supplier and the contractor who set up the ladder can face liability.
  • Skylight falls: Workers stepping onto or through fragile skylights on flat or low-pitched roofs is a recurring accident pattern across Brooklyn’s commercial buildings, warehouses, and converted industrial spaces.
  • Scaffold collapses and plank failures: Multi-story roofing projects often involve scaffolding, and when scaffold planks give way or the structure is improperly assembled, falls of multiple stories can result.
  • Struck-by incidents from falling tools and materials: Roofers working below other workers, or pedestrians and workers struck by materials falling from rooftops, have separate but equally serious claims under Section 240’s falling object provisions.
  • Structural collapses: Older Brooklyn buildings with deteriorated roof decking or framing can fail underfoot, sending workers through the structure in ways that produce catastrophic injuries.
  • Heat-related illness and burns: Flat roof work in New York summers exposes workers to extreme heat, and burns from tar kettles and hot-applied roofing materials create a separate category of serious injury claims.

After a Roofing Accident in Brooklyn: What Needs to Happen and When

The period immediately following a roofing accident is when the most important evidence either gets preserved or disappears. Job site superintendents and general contractors have a financial interest in controlling the narrative of what happened. Equipment gets moved. Witnesses drift away. Safety logs get altered or go missing. If you were hurt on a Brooklyn roofing job, the first practical priority is making sure someone photographs the site conditions before anything changes, including where you fell, what safety equipment was or was not present, the state of the roof surface, and any equipment involved.

Seek medical attention immediately after the accident, even if you believe your injuries are manageable. Emergency department records from Kings County Hospital, Maimonides Medical Center, NYU Langone Brooklyn, or whichever facility treats you will form the foundation of your medical documentation. Do not downplay your pain or symptoms to medical providers. Accurate documentation from day one matters later when damages are calculated.

Under New York law, injured workers have three years from the date of a construction accident to file a personal injury lawsuit in most circumstances. However, if the property owner is a government entity, such as a city-owned building or public school, a Notice of Claim must be filed within 90 days of the accident. Missing that deadline bars the claim entirely. Because many Brooklyn properties involve institutional or quasi-public owners, identifying the property ownership quickly is essential.

Workers’ compensation will likely be available through your employer, but accepting workers’ comp does not prevent you from pursuing a third-party claim against the property owner, general contractor, or equipment manufacturer. In fact, in roofing accident cases, the third-party Labor Law claim is frequently where the most significant compensation lives. The two claims run simultaneously but through different legal channels. Pursuing only workers’ comp while ignoring the Labor Law claim is one of the most costly mistakes injured roofers make.

Construction accident cases are filed in New York Supreme Court, Kings County, located at 360 Adams Street in downtown Brooklyn. The litigation timeline from filing through trial can run one to three years depending on the complexity of the case and the number of defendants. Most cases resolve before trial, but preparation for trial from the outset is what drives meaningful settlement outcomes.

Why Mark David Shirian P.C. Handles These Cases the Way It Does

Mark David Shirian P.C. was founded with the explicit goal of helping people who have been wronged. The firm has recovered millions on behalf of its clients across personal injury and related litigation, and the representation is built on one-on-one attention from attorneys who actually know the cases rather than handing files off to junior staff. Attorney Mark D. Shirian and Senior Associate Shawn D. Shirian are the people working the cases.

Clients who have worked with the firm describe an attorney who pays close attention to details that matter, fights hard, and keeps clients informed through the process. For a Brooklyn roofer injury attorney relationship to work, that communication matters as much as legal skill. Construction accident victims often face months of medical treatment, wage loss, and financial pressure while litigation is pending. Knowing where your case stands and what decisions are coming is not a luxury, it is part of what you hired counsel to provide.

The firm approaches cases by carefully assessing the situation first, understanding the client’s goals, then building a strategy around that picture. In roofing accident litigation, that means identifying every potentially liable party before the statute of limitations or Notice of Claim deadline creates problems, documenting every category of damages including future medical costs and lost earning capacity, and being prepared to litigate hard if a fair resolution is not on the table.

Common Questions About Brooklyn Roofing Injury Cases

Can I sue the property owner if I was employed by a roofing subcontractor?

Yes. New York’s Labor Law places liability on property owners independent of who employed the injured worker. Even if the general contractor hired your subcontractor, the property owner who controlled the building where the accident happened can be named in a Labor Law Section 240 or 241 claim. This is one of the distinctive features of New York construction accident law, and it applies regardless of the employment relationship.

What if my employer says I was not wearing my harness when I fell?

This is the most common defense raised in Labor Law 240 cases. Under New York courts’ interpretation of Section 240, even if a worker failed to use provided safety equipment, that does not automatically eliminate liability. The question is whether the equipment that was provided was adequate for the work being done. If the harness had no anchor point, or the anchor point was inadequate, or the equipment itself was defective, the defense collapses. Courts have consistently held that where proper safety measures were not provided at all, a worker’s conduct is not a complete defense.

I am an undocumented worker. Can I still bring a Labor Law claim?

Yes. New York Labor Law protections apply to workers regardless of immigration status. Courts have been clear that construction site owners and contractors cannot escape liability by pointing to a worker’s immigration status. You can pursue compensation for your injuries and wage losses through the legal system. Concerns about immigration status should not prevent you from exploring your legal options after a serious injury.

What compensation can a roofer recover after a serious fall?

Recoverable damages in a New York construction accident case include past and future medical expenses, past lost wages, future loss of earning capacity, and compensation for pain and suffering. In roofing accidents involving spinal injuries, traumatic brain injuries, or conditions requiring long-term care, the future damages component of a claim can be substantial. Economic experts and medical specialists are typically used to document and quantify these losses in serious cases.

Does workers’ compensation cover everything I have lost?

Workers’ compensation covers a portion of lost wages and medical treatment, but it does not compensate for pain and suffering, and the wage replacement benefit is capped well below full earnings for most workers. A third-party Labor Law claim against the property owner or general contractor is where full compensation is typically sought. Workers’ comp and the third-party claim proceed separately, and your workers’ comp carrier may have a lien on any third-party recovery, which is an issue an attorney helps navigate.

What if I was partially at fault for my own fall?

In Section 240 cases, the courts apply a strict liability standard, meaning the owner’s or contractor’s failure to provide adequate safety devices is the focus, not a comparison of fault between the worker and the defendant. In Section 241(6) and Section 200 claims, New York’s comparative fault rules apply, meaning your recovery can be reduced by the percentage of fault attributed to you. But partial fault rarely eliminates recovery entirely. The analysis is fact-specific, and the way the case is framed and argued matters significantly.

The company I worked for has gone out of business. Is my case dead?

Not necessarily. In most roofing accident cases, the more important defendants are the property owner and the general contractor, not your direct employer. Those parties often have insurance coverage that survives the contractor’s closure. Additionally, if defective equipment contributed to the fall, the manufacturer can be a separate defendant. A thorough investigation of all potentially responsible parties is the right first step.

How long do roofing accident cases typically take in Brooklyn?

Cases filed in New York Supreme Court, Kings County typically take one to two years to work through discovery, depositions, expert exchanges, and any motion practice before reaching a resolution. Cases that go to trial take longer. Many roofing accident cases resolve through settlement during or after the discovery phase, but the timeline depends heavily on how many defendants are involved, how aggressively they litigate, and the complexity of the medical issues.

Can a pedestrian or bystander hurt by falling roofing materials bring the same type of claim?

Section 240 includes falling object claims, but the analysis is somewhat different for bystanders compared to workers. Third parties hurt by debris falling from a Brooklyn roofing project may have general negligence claims against the contractor, property owner, or the roofing company, depending on how the accident occurred. These are serious and viable claims even outside the Labor Law framework.

Do I need to report the accident to any government agency?

OSHA has jurisdiction over construction site accidents and may conduct an inspection following a serious roofing injury or fatality. The New York City Department of Buildings may also be involved if the accident occurred on a permitted job. These government records and inspection reports can become important evidence in litigation. You are not required to cooperate with an employer’s internal investigation in ways that could harm your claim, and speaking with an attorney before giving any formal recorded statement to an insurance adjuster is strongly advisable.

Brooklyn Roofing Accident Representation Across New York City

Mark David Shirian P.C. serves injured roofers and construction workers across Brooklyn’s neighborhoods and throughout New York City and New York State. From Sunset Park, Borough Park, and Bay Ridge on Brooklyn’s western side through Flatbush, Crown Heights, and Bed-Stuy toward the center of the borough, the firm handles cases arising from job sites throughout the community. Clients from Greenpoint, Williamsburg, and Bushwick, where residential and commercial development has driven heavy construction activity, reach out regularly. The firm also represents workers from Park Slope, Carroll Gardens, Red Hook, and Cobble Hill, neighborhoods with dense housing stock and ongoing renovation work.

Beyond Brooklyn, the firm serves injured roofers from the Bronx, Queens, Manhattan, and Staten Island, as well as clients from Nassau County, Suffolk County, and other areas throughout New York State. Wherever the job site was and wherever the client lives, the firm evaluates the case based on what happened and what the law provides, not on geography.

Contact Mark David Shirian P.C.: Brooklyn Roofer Injury Attorney

Roofing accident cases require focused attention from the start. Evidence disappears, deadlines run, and insurance companies move quickly to limit their exposure. A Brooklyn roofer injury attorney at Mark David Shirian P.C. will evaluate your case, explain your options, and tell you honestly what your claim involves. The firm offers confidential case evaluations so you can get clear answers before committing to anything.

If you were hurt on a Brooklyn roofing job or anywhere across New York, contact Mark David Shirian P.C. to speak directly with attorneys who handle these cases and who will give your situation the attention it requires.

Dedicated To the satisfaction of our clients
He worked very hard to get the outcome that we both were looking for.

“In March of 2017, I had a wrongful job termination that distressed me… Read More

Mark pays close attention to details that are important for your case. I recommend him.

“An amazing attorney goes above and beyond for his clients. Mark pays close… Read More

Very compassionate and hard-working lawyer.

“Very compassionate and hard-working lawyer, fights hard for me and keeps me informed,… Read More

* Required Field

By submitting this form I acknowledge that contacting Mark David Shirian P.C. through this website does not create an attorney-client relationship, and any information I send is not protected by attorney-client privilege. Furthermore, by submitting this form, I agree to be contacted about my request & other information using automated technology. (Message frequency varies. Msg & data rates may apply. Text STOP to cancel.)
Acceptable Use Policy

protected by reCAPTCHA Privacy - Terms