Roof Collapse Accident In New York

Roof Collapse Accident in New York

Roof and ceiling collapses can happen suddenly without warning, giving workers little time to protect themselves. Therefore, roof collapse accidents in New York rarely end well for workers. Head and brain injuries, amputations, and fatalities can all occur when a roof suddenly gives way and tumbles on construction workers below.

If you or a loved one suffered the devastating effects of a roof collapse, Morgan & Morgan has your back. Our dedicated injury lawyers have the experience and resources to hold negligent contractors, property owners, and manufacturers accountable and fight for maximum compensation for injured workers. Contact us now to discover your options in a free case review.

Recent Examples of Roof Collapses in New York

Despite various laws intended to ensure worker safety in New York, roof and ceiling collapses continue.

• In July 2021, two workers suffered severe injuries in a Brooklyn ceiling collapse that happened during demolition and trapped the workers under debris for over an hour.
• A partial roof collapse at a Brooklyn building site, triggered by cinder blocks placed on the roof, injured six construction workers in 2017.
• In 2006, the roof of a five-story apartment building in Haarlem collapsed, killing one worker and injuring two.

In many construction accidents, buildings and work sites have a history of construction violations and complaints, and developers failed to provide a safe work environment for workers.

If you or a loved one suffered harm in a roof collapse accident in New York, you could have a legal case and receive compensation. Morgan & Morgan is here to help. Our seasoned injury attorneys can assess your case and help you receive compensation, whether with a workers’ compensation claim or lawsuit.

Causes of Roof Collapses

Structural collapses can happen for many reasons, such as poor weather and building code violations. Factors that contribute to roof collapses in New York can include:

• Added weight from snow and ice accumulations
• Deterioration of building elements due to water intrusion
• Improper structural modifications
• Weakening of roof components during installation
• Using defective building materials
• Roof design errors
• High winds
• Improper repairs
• Failure to maintain
• Fire damage
• Building code violations
• Demolition errors and accidents

Construction workers face the dangers of roof collapses when working on structures that are unfinished, due to be demolished, or being remodeled. Due to the weight of the materials coming down in a roof collapse, accidents can have devastating consequences for workers who could suffer catastrophic or fatal injuries.

Who is Responsible for a Roof Collapse?

When a roof or ceiling collapses, someone has made a critical mistake. In some cases, a roof collapse can result from building errors that occurred months or even years before the roof gave way. Responsible parties for a roof collapse can include:

• The developer
• A contractor
• The property owner
• A manufacturer of substandard building materials and products
• The property designer

Since roof collapse accidents can be tricky to understand, determining who is ultimately liable can be challenging and usually requires comprehensive investigation by technical experts. Morgan & Morgan has the resources to get to the bottom of a complex roof collapse claim. Our injury attorneys can walk you through your options and file a lawsuit on your behalf.

Injuries in New York Roof Collapse Accidents

Ceiling and roof collapses typically involve heavy materials or machinery crashing down on those below. Workers injured in such accidents could suffer the following injuries and others:  

• Head and brain injuries
• Severe spinal injuries and paralysis
• Bone fractures and crushing injuries
• Loss of limbs
• Cuts and lacerations
• Electrocutions
• Inhalation of dangerous chemicals or building materials
• Burns

If there are signs of a roofing issue, employers and contractors must take action immediately, such as repairing the damage or evacuating workers. If an employer or another party acted negligently, resulting in the roof collapse and your injury, you could qualify for workers’ compensation benefits or a personal injury claim. Contact an attorney as soon as possible to identify your next best steps.

You Could Be Entitled to Compensation After a Roof Collapse Accident

If you or a loved one experienced a roof collapse and suffered injuries, you could have several options for getting the benefits and compensation needed, including:

New York State’s Workers’ Compensation Program

Almost all employers in New York, except sole proprietorships and those without paid employees, must obtain workers’ comp coverage. As a trade-off for benefits, injured workers typically cannot file a lawsuit against their employer to recover compensation. According to the City of New York (NYC), the New York State workers' compensation system is a no-fault insurance program, meaning employees may receive workers' compensation benefits for job-related injuries regardless of who is at fault. Benefits in New York include:

Medical Expenses

Workers’ comp should pay for all expenses necessary to treat your roof collapse injury, which include but are not limited to:

• Hospitalizations
• Mileage payments for travel to medical appointments
• Specialist appointments
• Diagnostic tests
• Medications
• Medical devices such as a wheelchair or crutches
• Ongoing care costs

Income Replacement Payments

Injured workers in New York are entitled to some of their lost wages, provided their injury keeps them from working for more than seven days or they have to work reduced hours due to the injury. You could receive weekly cash payments for a temporary or permanent disability.

Injured workers could also qualify for a lump sum for a disability or loss of function, such as a lost limb, a lost sense (hearing, eyesight, etc.), or permanent facial disfigurement.

Survivor Benefits

The family members and dependents of workers who died due to workplace injuries could be entitled to death benefits under the New York workers’ compensation program. The surviving spouse, minor children, and other dependents could receive the following:

• Weekly cash payments of up to two-thirds of the deceased worker’s weekly wage
• A one-off lump sum for burial and funeral costs

If there are no spouses or dependents, the surviving parents or estate of the decedent could qualify for a payment of $50,000.

Filing a Personal Injury Lawsuit

Workers injured in a serious accident, such as a roof collapse, could face astronomical medical bills and financial chaos due to lost earnings. Moreover, if someone negligently or recklessly caused the accident, workers may want to get justice and hold those responsible accountable. A personal injury lawsuit can allow injured workers and families to pursue compensation for their suffering and financial losses resulting from a ceiling or roof collapse.

While lawsuits against employers are only possible in exceptional circumstances, you could have a claim against a negligent third party, such as a general contractor, property owner, or manufacturer of defective equipment or building materials. Since such claims can be complicated, contact an attorney who can determine the liable parties and move forward with a lawsuit on your behalf.

The Uninsured Employer’s Fund

If your employer did not have workers’ compensation insurance coverage, you could still receive medical and income replacement benefits from the Uninsured Employers Fund (UEF). While the UEF pays for a worker’s benefits, the uninsured employer must reimburse the fund for the medical and income replacement payments.