Victims of roofing accidents most often suffer injuries and/or trauma due to falls or burns from hot tar. In many of these cases, compensation is owed to the worker who suffered the accident, but for that compensation to be paid, the victim of the accident must prove that the circumstances that caused the accident could have been prevented and that all proper steps were taken to ensure their safety.
Proving Negligence in Roofing Accidents
Cases like this are covered by tort law, which ensures that the wrong done to the victim (in this case, injury due to a roofing accident) will be redressed with monetary compensation for damages. Damages in roofing accident cases may include medical bills, pain and suffering, lost wages, and other damages, as well.
In all tort cases, though, the burden of proof is placed on the victim. If you have been injured in a roofing accident, it is up to you to follow up and prove that negligence on the part of your employer caused the accident in which you were injured. Negligence may be proven in a variety of ways, depending on the type of roofing accident and how it occurred.
Some roofing accidents fall under the category of slip-and-fall cases. In these cases, a slip or trip hazard was present on the job site and caused the accident. If this was a known hazard with documented proof that the employer was made aware of it and did nothing to improve the safety of the work environment, this is a case of negligence.
Likewise, if it can be proven that working conditions and/or equipment were not up to OSHA (Occupational Safety and Health Administration) standards, then the employer and their insurance company will be liable for damages owed to the victim of the roofing accident.
Lack of Proper Training
Even if working conditions at the time of the accident were physically safe, negligence could still be proven if all workers on the site were not properly trained to do their jobs. Roofing includes handling dangerous materials, such as hot tar and power tools, and it also often involves doing so while working at a great height.
If an employer has not ensured that all workers on the job have received the proper training necessary to do the job safely, then that employer has acted negligently and has potentially put his or her employees at risk while on the job.
Lack of Proper Safety Equipment
Finally, employers of construction and roofing workers must ensure that all proper safety equipment is available, in good working order, and is used by employees on the job. This includes ensuring that all safety equipment meets OSHA standards and is properly and regularly maintained. It also includes making sure that all employees on the job are properly trained with all safety equipment, as well. Failing to adhere to OSHA standards and/or failing to ensure that all safety equipment is in good condition is evidence of negligence.
Who is Responsible in a Roofing Accident?
Whether the accident occurred due to poor working conditions, improper training, failure to meet OSHA standards, and/or lack of proper safety equipment, the victim’s employer and their insurance company should be held responsible for the accident and for paying out compensation to the victim for any damages resulting from the accident.
To gain compensation, the victim must be able to prove that negligence occurred on the part of their employer and that the injuries and/or other harm they suffered were sustained as a result of the accident. If you have been involved in a roofing accident, call Bandas Law Firm today at 855-427-3332 or fill out our online contact form for a free consultation and case review.