California Roofing Accident Attorneys
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California Roofing Accident Attorneys Focused On Justice Through Due Process
According to the Bureau of Labor Statistics, falls are one of the leading causes of workplace fatalities. We understand that falls from heights can cause catastrophic injuries, overwhelming medical bills, and lost wages. If you were injured in a roofing accident, call our California roofing accident attorneys at (888) 488-1391 for a free initial consultation. Let us help you protect your rights and seek fair compensation under California law.
Our experienced legal team has helped roofing accident victims in handling their cases. Our lawyers are ready to help you pursue potential compensation for your losses. You don’t have to face this challenging time alone. We can stand by your side as you navigate the legal process, providing personalized legal support and guidance.
What Can Roofing Accident Attorneys Do?
Roofing accident attorneys can help you tackle the complex legal process after construction falls, equipment malfunctions, ladder failures, or unsafe working conditions. Our attorneys have experience in cases related to traumatic brain injuries, spinal damage, broken bones, and other serious injuries. Here’s how we handle your case:
- Step 1 — Free Initial Consultation
We offer free initial consultations to accident victims. Whether you’ve experienced a ladder fall, roofing collapse, equipment malfunction, or any other workplace injury, we are here to help. During the initial meeting, we’ll explain your legal rights and potential compensation sources and answer all your questions about the legal process ahead.
- Step 2 — Case Assessment
Our team thoroughly reviews cases, identifies the potentially liable parties (such as negligent contractors or unsafe employers), and determines whether you have a valid claim.
- Step 3 — Legal Action
We handle the legal matters related to your case. From filing claims and gathering evidence like proof of safety violations or witness statements to negotiating settlements, we can help you navigate the process.
- Step 4 — Just Compensation
We aim to help you pursue potential compensation for losses, including medical costs, lost wages, and damages for emotional pain after your roofing accident.
Let us handle the legal complexities while you focus on what truly matters: your recovery and well-being. With our experienced lawyers, you can focus on regaining strength and peace of mind.
Why Hire Our Lawyers For Your Accident Case
When the unexpected happens, advocates with legal knowledge and experience can guide you in tackling the complexities of your case. At Arash Law, we bring decades of combined experience and a dedication to helping clients seek compensation for their injuries. Here’s what our roofing accident attorneys offer:
Case Evaluation
Arash Law’s attorneys can evaluate complex roofing accident cases to see if you have a valid claim. We help identify potentially responsible parties — whether it’s an employer who neglected safety protocols, a third-party contractor who created hazardous conditions, or a manufacturer of faulty equipment. This comprehensive approach aims to identify responsible parties and explore avenues for compensation by accessing multiple insurance policies and compensation sources.
Tailored Legal Strategy
Our team creates personalized legal strategies based on the unique circumstances of your case. Whether pursuing workers’ compensation, a personal injury lawsuit, or a combination of both, we can help you explore legal options and seek just compensation for your injuries and losses.
Evidence Collection
We can help gather evidence needed to build your case, including safety violations, witness statements, workplace safety records, and proof of negligence by third parties. Our roofing accident attorneys can also help gather expert witness statements to help strengthen your claim.
Legal Support For Recovery
Our roofing accident lawyers are more than just legal advocates. They can also connect you with medical providers and calculate damages such as medical expenses, lost wages, diminished earning capacity, and pain and suffering.
Dedicated Representation
Whether negotiating with insurance companies or litigating in court, our team prepares evidence-based cases. We advocate for your rights and help you work through the complexities of the legal system.
So why choose us?
- A California personal injury law firm committed to representing injured clients.
- A full staff with decades of collective experience.
- 24/7 availability to address questions and review cases.
$2,000,000.00
Suarez v. Premium Packing (settled on 9/26/2023) – Settlement involving a man who sustained multiple orthopedic injures and a mild traumatic brain injury when he was run over by a food truck.– TINA ESHGHIEH
Frequently Asked Questions About Roofing Accident Cases
Roofing accidents can be severe and often raise questions about safety, prevention, liability, and even “Do I need a personal injury lawyer?” Below, we’ve answered some of the most common concerns to help you stay informed and protected. If you have further questions, don’t hesitate to call us at (888) 488-1391.
How Much Does Hiring Roofing Accident Attorneys Cost?
Our attorneys know that injured roofing workers often face serious financial strain after an accident. That’s why we handle these cases on a contingency fee basis, so you do not have to pay any attorney fees upfront. We cannot provide a specific cost without first reviewing your case, as fees and case-related costs depend on several factors, including the complexity of your situation. Schedule a free case review to discuss your situation and get a clear explanation of the potential fees involved.
Will My Roofing Accident Case Go To Trial?
Most roofing accident cases settle before trial. However, our lawyers prepare every case as if it will go to court — gathering evidence, consulting expert witnesses, and building legal arguments from day one. This thorough preparation can lead to more substantial settlement offers from insurance companies.
When settlement offers don’t reflect your case’s value, our lawyers won’t hesitate to take your case before a jury. Our willingness to take cases to trial sometimes motivates insurance companies to offer fair settlements rather than face us at trial. Either way, our roofing accident attorneys can negotiate settlements on your behalf and are ready to take your case to court when necessary.
Can I Still File A Lawsuit If I’ve Already Filed A Workers' Compensation Claim?
Yes, you can pursue both workers’ compensation benefits AND a personal injury lawsuit simultaneously after a roofing accident. This way, you have more avenues for compensation that cover the true extent of your losses.
Workers’ compensation provides limited benefits (medical expenses, partial wage replacement, and disability payments) but prohibits suing your employer directly in most circumstances. However, these benefits represent only a fraction of your actual losses, as they don’t cover pain and suffering and emotional distress.
In roofing accidents, third-party liability claims can provide additional compensation in cases where workers’ compensation benefits are insufficient to cover your damages. Our attorneys carefully investigate potential third-party lawsuits against:
- Equipment Manufacturers — For defective ladders, scaffolding, harnesses, or tools that failed during use.
- Property Owners — Who created or failed to warn about dangerous conditions.
- General Contractors or Subcontractors — Who created unsafe working environments or violated safety regulations.
- Scaffolding/Equipment Rental Companies — That provided improperly maintained equipment.
How Long Do Most Personal Injury Cases Take To Settle?
The timeline for resolving a personal injury case varies, but in California, most settle within 6 to 18 months. Simple cases, like minor injuries or uncontested liability, can be paid in just a few months. However, complex cases involving severe injuries, corporate defendants, or extensive evidence may take years.
Factors like insurance limits and the need for expert testimony can also impact the timeline. Our experienced roofing accident attorneys understand the unique challenges involved and are ready to help you protect your rights. Every case is unique, but our team is here to guide you and work toward a favorable outcome for you.
What Damages Can I Pursue In A Wrongful Death Claim After A Roofing Accident?
If a loved one lost their life in a roofing accident, their family may be eligible to file a wrongful death lawsuit to seek financial compensation. This can cover funeral and burial costs and support the loss of income the deceased would have contributed to the family.
Additionally, if the victim passes away after receiving medical treatment, the family can pursue compensation for those medical expenses. It’s important to note that in many states, only specific family members — such as a spouse, children, grandchildren, or a domestic partner — are legally allowed to claim compensation under wrongful death laws.
The Time Limit For Filing A California Roofing Accident Claim
Understanding California’s statute of limitations can help you protect your rights after a roofing accident. Failing to meet these deadlines may result in permanently losing your right to seek compensation.
What is the statute of limitations? It’s the strict legal deadline for filing a claim after an injury. In California, these time limits apply:
- Personal Injury Claims — You have exactly two years from the accident date to file a lawsuit against third parties.
- Exceptions Under the Delayed Discovery Rule — If your injuries weren’t immediately apparent (such as internal or traumatic brain injuries with delayed symptoms), the two-year clock may start from when you discovered or reasonably should have discovered the injury.
For workers’ compensation claims, deadlines are even more stringent:
- Report the injury to your employer within 30 days of the accident.
- File your formal workers’ compensation claim (DWC-1 form) within one year of the injury.
Additional exceptions may apply if you were a minor during the accident or if the defendant left the state. Timelines can vary depending on the claim type and your case details. Our roofing accident attorneys can help you track these deadlines.
If you suffered injuries in a roofing accident, we’re here to help. Contact us to discuss your case with a skilled attorney.
Common Causes Of Roofing Accidents
Roofing accidents stem from various causes, many of which are preventable with proper safety measures. Understanding these causes helps establish liability in your case:
Employer/Contractor Negligence
- Failure to provide adequate fall protection equipment.
- Inadequate safety training for workers.
- Insufficient roof safety systems, like guardrails, safety nets, or warning lines.
- Unguarded roof openings, skylights, or holes.
- Improper scaffold or ladder setup and maintenance.
- Failure to enforce OSHA’s required 6-foot fall protection rule.
Hazardous Conditions
- Steep roof slopes exceeding safe working angles.
- Slippery surfaces from rain, ice, dew, or roofing materials.
- Dangerous debris that creates trip hazards.
- Structural weaknesses in roof supports.
- Overhead power line proximity creates electrocution risks.
- Extreme weather conditions, including high winds or heat.
Equipment Issues
- Defective safety harnesses, lanyards, or anchor points.
- Faulty ladders, scaffolding, or lift equipment.
- Inadequate personal protective equipment.
- Tool malfunctions that cause falls or direct injuries.
Worker-Related Factors
- Fatigue from extended shifts or heat exposure.
- Health issues from exposure to roofing materials or fumes.
- Communication barriers between workers or contractors.
These factors may create liability scenarios, from workers’ compensation claims to third-party lawsuits against equipment manufacturers, property owners, or other contractors. Our roofing accident attorneys can investigate all potential causes to identify potential avenues for compensation.
Suing Your Employer For A Roofing Accident Injury
In California, the workers’ compensation system is the ‘exclusive remedy’ for workplace injuries, meaning injured employees typically cannot sue their employers directly for damages. If you’re injured while working for a roofing company, you’ll generally be limited to workers’ compensation benefits regardless of who was at fault.
However, California law provides important exceptions that may allow you to file a lawsuit against your employer for a roofing accident:
- Intentional Harm — If your employer deliberately caused your injury (extremely rare).
- Fraudulent Concealment — If your employer knowingly concealed the existence of your injury or its connection to your work.
- Dual Capacity — If your employer was acting in a different role (like the equipment manufacturer) when causing your injury.
- Power Press Guard Exception — If you sustained injuries due to a power press machine from which a guard had been removed.
- Uninsured Employer — If your employer illegally failed to carry workers’ compensation insurance.
The most common exception involves employers who knew about dangerous conditions but failed to address them. For example, if your employer repeatedly ignored OSHA citations for fall protection violations before your accident, you may have grounds for a lawsuit beyond workers’ compensation.
These cases involve complex legal analysis, so it’s crucial to have experienced attorneys evaluate your specific situation to gather critical evidence and identify possible avenues for compensation.
Proving Negligence In A Roofing Accident Case
Roofing accidents can lead to serious injuries, and proving negligence is key to pursuing fair compensation. Negligence occurs when someone fails to act responsibly, causing harm to others. While workers’ compensation typically covers injured workers, there are cases where another party, apart from the employer, may also be responsible. In such situations, you may be able to file a third-party lawsuit. Speaking with a knowledgeable roofing accident attorney can help you decide on your next steps.
To prove negligence in a roofing accident, you need to establish four key elements:
- Duty of Care — The first step is to show that the responsible party owes you a duty of care. For instance, if your safety harness breaks while you’re on the job, the manufacturer of the protective gear is responsible for maintaining product safety standards.
- Breach of Duty — Next, you must prove that the other party breached their duty of care. In the harness example, if a design flaw or manufacturing defect caused the harness to fail, the company may be held accountable for failing to provide a reliable product.
- Causation — You must also show that the breach of duty directly caused your injuries. For example, if the defective harness caused you to fall, this establishes causation between the company’s negligence and the accident.
- Damages — Finally, you need to prove that the accident resulted in damages, such as medical bills, lost wages, or pain and suffering.
Proving negligence in a roofing accident can be complex, and gathering evidence is critical. A skilled roofing accident attorney can help you manage the process, allowing you to focus on recovery.
Compensatory Damages You Can Pursue From Roofing Accidents
Roofing accidents often lead to serious injuries due to the height of falls and the impact involved. Here’s a breakdown of common injuries caused by roofing accidents:
- Fractured or broken bones.
- Spinal cord and back injuries.
- Traumatic brain injuries (TBI).
- Soft tissue damage.
- Neck injuries, such as cervical spine fractures, can occur from heavy impacts.
- Internal injuries, such as organ damage or internal bleeding.
- Limb injuries, including amputations or severe fractures.
These injuries bring significant challenges — medical bills, lengthy recoveries, emotional distress, and long-term impacts on your life.
If a roofing accident injured you, you may qualify to seek compensation for your losses. The amount you could seek depends on factors like the severity of your injuries, your medical costs, your ability to work, and the extent of fault held by the responsible party. Here are the types of compensation you may pursue:
- Medical Costs — Covers surgeries, hospital stays, medications, physical therapy, and other current or future healthcare needs.
- Lost Income — Reimburses wages you lost due to time off and accounts for reduced earning capacity if your injuries prevent you from working.
- Pain and Suffering — Addresses the physical pain and emotional distress the accident caused.
More severe injuries typically result in higher compensation due to increased medical costs, extended recovery times, and more significant financial and emotional impacts.
An experienced personal injury attorney can advocate for your rights, guide you through the legal process, and help you seek just compensation, allowing you to focus on moving forward after a roofing accident.
Steps To Follow In Preparing For A Roofing Accident Lawsuit
Taking legal action may be the last thing on your mind after a roofing accident, but the steps you take early on can make all the difference. We recommend doing the following to safeguard your right to compensation:
- Seek Immediate Medical Attention — Your health and recovery should always be top priorities. If you’ve suffered harm in a roofing accident, ensure you receive proper medical care as soon as possible. Keep detailed records of any treatments, diagnoses, and medical expenses.
- Document the Accident Scene — Gather as much evidence as possible from the accident site. Take photos of the roof, any damaged equipment, and your injuries. If there were any witnesses, collect their contact information and statements.
- Notify Your Employer and File an Incident Report — Report the accident to your employer promptly and complete any required incident reports. Be thorough in your descriptions and note any unsafe conditions or lack of proper safety measures contributing to the accident.
- Maintain a Record of Expenses and Damages — Keep track of all expenses related to the accident, including medical bills, lost wages, and any repair or replacement costs for personal items damaged during the incident. Keeping a detailed record can help strengthen your case for fair compensation.
- Consult a Personal Injury or Workers’ Compensation Attorney — Working with a skilled attorney is key. They’ll explain your options, help you file your claim, and build a strong case with your evidence.
- Follow Legal Guidance and Avoid Public Comments — Follow your attorney’s advice throughout the legal process and avoid discussing the accident on social media or with individuals not involved in your case. Missteps in communication could harm your claim.
By taking these steps, you can protect your rights and prepare yourself for a roofing accident claim or lawsuit.
Roofing Accidents Statistics
A 2024 study analyzed trauma data from Desert Regional Medical Center over five years (March 2016 to December 2021). Out of 3,148 fall-related trauma cases, 75 were falls from roofs (FFRs). FFRs are dangerous, accounting for 1 in 3 fatal falls and nearly 40% of all construction-related deaths.
The 2023 National Census of Fatal Occupational Injuries reveals the high risk of working in construction, which recorded 1,075 fatalities — the most of any industry and the highest for the sector since 2011. Falls, slips, and trips caused 39.2% (421) of these deaths.
Breaking it down further:
- 64.4% of fatal falls (260 deaths) were from heights between 6 and 30 feet.
- 67 deaths were from falls exceeding 30 feet.
These numbers underscore the critical need for improved safety measures in construction, particularly when working at heights.
Consult With Our California Roofing Accident Attorneys
Focus on healing while we handle the legal complexities of your case. Arash Law attorneys are not only here to advocate for your rights after a roofing accident but can also assist with a wide range of other injury cases.
From car and truck accidents to Uber and Lyft accidents, construction accidents, workers’ compensation claims, and more, our experienced car accident lawyers are ready to assist injury victims with their cases.
Don’t delay — time limits to file your claim may apply. Call (888) 488-1391 to schedule your free initial consultation with our personal injury and roofing accident attorneys in California.
