On any given day in Illinois, you can look up and see them, roofers navigating pitched shingles under blazing sun, or scaffolders balancing tools and materials above bustling streets. These high-risk professionals play a critical role in shaping the skyline, repairing aging infrastructure, and building the structures we rely on every day. But working above ground also puts them directly in harm’s way.
Falls remain one of the deadliest hazards in the construction industry, and for roofers and scaffolders, the danger is not abstract; it’s personal. The injuries they suffer can be catastrophic, even fatal. What makes their legal path more complex is the web of liability, overlapping safety standards, and employer negligence that often go unaddressed. The attorneys at Taxman, Pollock, Murray & Bekkerman LLC are experienced in helping injured workers in high-risk trades navigate the legal minefield that follows a fall from height.
Why Falls from Height Are So Legally Complex
Unlike slips or minor workplace injuries, a fall from height almost always leads to extensive investigations involving OSHA, contractors, and insurance companies. These incidents typically occur on job sites with multiple employers, subcontractors, and safety protocols, any of which could have failed.
That means your injury may involve not just a workers’ compensation claim, but also potential third-party liability. Determining who was responsible for unsafe scaffolding, inadequate fall protection, or faulty equipment is legally intricate and requires detailed documentation and expert analysis.
The Difference Between Workers’ Comp and Third-Party Claims
Workers’ compensation in Illinois provides medical treatment, temporary disability, and wage replacement, but it doesn’t cover pain and suffering or full wage loss potential. When someone other than your employer caused the unsafe condition, like a negligent subcontractor or equipment manufacturer, you may be entitled to third-party compensation.
These civil claims allow injured workers to seek broader damages and hold companies accountable for safety failures. Roofers and scaffolders often work alongside multiple entities, making these types of claims more common—and more necessary—for full recovery.
OSHA Violations and Safety Failures
Many falls from roofs and scaffolds happen because basic OSHA safety standards weren’t followed. Common violations include missing guardrails, unanchored lifelines, unsecured ladders, and scaffold platforms lacking mid-rails. In other cases, workers were never trained on fall arrest systems or required to use them.
When OSHA investigates a fall, any citations or violations it uncovers can serve as powerful evidence in a legal case. These records can prove that the work environment was inherently dangerous—and that your injury was preventable.
Roofers and Scaffolders Often Face Employer Pressure
Tradespeople working at heights are frequently under pressure to “move fast” and “get the job done,” especially when deadlines loom or weather becomes a factor. This pressure can lead to rushed setups, skipped safety checks, or ignored protocols.
Unfortunately, when an accident happens, that same pressure can turn into blame. Employers or insurers may downplay the injury or try to suggest the worker was at fault. Having a legal team ensures that the full context of the jobsite—including unsafe directives and unrealistic expectations—is considered when assigning liability.
Temporary Structures Come With Hidden Dangers
Scaffolding isn’t always constructed by the workers who use it. In many cases, a third-party company is responsible for assembly and maintenance. If that scaffolding was unstable, improperly installed, or degraded, and you were injured using it, that third party may be liable.
Likewise, temporary fall protection systems such as tie-offs, anchors, and railings must be rated for the type of work being done. If an employer cuts corners or uses inferior gear, they may be directly responsible for your injury under OSHA and civil law.
Falls Aren’t Always Instant—They Can Be the Result of Neglect Over Time
Not all fall-related injuries happen in one dramatic instant. Some scaffolders and roofers suffer cumulative trauma from daily exposure to unsafe conditions. Shaky platforms, makeshift ladders, and inadequate training can lead to near-misses and minor injuries that build up over time.
Eventually, one misstep leads to a serious fall. These “slow burn” cases can still support strong legal claims if patterns of employer negligence or safety violations can be documented. Workers shouldn’t have to wait for a disaster to hold someone accountable for unsafe practices.
What to Do Immediately After a Fall
The minutes and hours after a fall are critical. Seek medical attention immediately, even if you think you’re “okay.” Internal injuries, spinal trauma, or head injuries may not show up right away. Report the incident to your supervisor and union rep, but avoid signing statements or accepting blame without consulting a lawyer.
If possible, take photos of the site, the scaffold, your gear, and any missing safety equipment. Witnesses should be identified, and OSHA should be contacted to initiate an inspection. Early action protects your health and preserves evidence.
Union Representation and Legal Collaboration
If you’re a union roofer or scaffolder, your rights may be further defined by your collective bargaining agreement (CBA). These contracts can provide added layers of protection, such as specific return-to-work procedures, enhanced wage benefits, and job security after an injury. However, union rules can also complicate how disputes are handled, especially when employers or insurers try to sidestep contract obligations.
It’s important for injured workers to work with legal professionals who respect union dynamics and are willing to collaborate—not clash—with union reps. Attorneys familiar with labor law and workplace injury litigation can ensure that your legal strategy doesn’t undermine your contract rights or grievance procedures. Aligning your legal and union support systems maximizes both the protection and the strength of your claim.
You Deserve More Than a Quick Payout
Many injured roofers and scaffolders are offered fast settlements that barely cover medical bills, let alone lost income, therapy, or long-term disability. But serious falls change lives. They end careers, impact families, and bring lifelong pain.
A dedicated legal team helps you look beyond short-term fixes and secure full compensation that reflects the real toll of your injury. When you’ve risked your life to build and repair the infrastructure around us, you deserve the strongest legal protection available.
