Roofing remains one of the most dangerous construction trades in Illinois, with OSHA issuing thousands of citations to roofing contractors each year. The combination of heights, sloped surfaces, and weather exposure creates a perfect storm for fatal and catastrophic accidents.
At Phillips Law Offices, we represent roofing workers and their families after preventable workplace tragedies. Understanding the most common violations, and which contractors repeatedly endanger workers, can help you protect yourself on the job.
The Deadly Reality of Roofing Work
According to the Bureau of Labor Statistics and OSHA data, roofing consistently ranks among the most dangerous occupations:
- Roofers have one of the highest fatality rates of any construction trade
- Falls from roofs account for the majority of roofing deaths
- Illinois sees dozens of serious roofing injuries annually
- Most roofing fatalities involve small contractors with fewer than 10 employees
- Residential roofing has a higher fatality rate than commercial roofing
The tragedy is that most roofing deaths are entirely preventable with proper fall protection. A guardrail, a warning line system, or a harness that actually gets clipped in rather than worn loose usually costs less than a day’s lost production, which is exactly why so many of these accidents trace back to a corner that got cut on purpose.
OSHA Roofing Violations in Illinois: 2024 Data
OSHA’s Region 5 (which includes Illinois) has aggressively cited roofing contractors for safety violations. The most common citations involve:
1. Fall Protection (29 CFR 1926.501)
The overwhelming majority of roofing citations involve failure to provide adequate fall protection for workers on roofs 6 feet or more above ground level. Violations include no fall protection systems in use, inadequate warning line systems, missing safety monitors, and personal fall arrest systems that were on site but not properly used.
2. Ladder Safety (29 CFR 1926.1053)
Roofing work requires frequent ladder use for roof access. Common violations include ladders not extending 3 feet above landing surfaces, ladders not secured at top or bottom, damaged ladders still in use, and improper ladder angle (the standard calls for roughly a 4:1 ratio).
3. Training Requirements (29 CFR 1926.503)
Workers must be trained to recognize fall hazards and properly use fall protection equipment. Many roofing contractors skip or shortcut required training, particularly on crews with high turnover, where a new hire may be on a roof within a day of being brought on.
4. Scaffold Requirements (29 CFR 1926.451)
When scaffolds are used for roofing work, violations frequently include missing guardrails on scaffold platforms, scaffolding not properly erected or supported, and inadequate access to scaffold platforms.
Repeat Offenders: Illinois Contractors with Multiple Citations
Some Illinois roofing contractors have been cited by OSHA repeatedly, demonstrating a pattern of disregard for worker safety. The OSHA Establishment Search database allows anyone to look up a contractor’s violation history.
Warning signs of dangerous contractors include multiple OSHA citations in recent years, “Serious” or “Willful” violation classifications, previous fatalities or hospitalizations, a pattern of the same violation repeated at different sites, and failure to correct cited violations, which OSHA logs separately as failure-to-abate citations.
Workers have the right to check an employer’s OSHA history before taking a job, and should strongly consider avoiding contractors with extensive violation records. It’s also worth checking after an accident, not just before taking the job, a contractor’s prior citation history is often the clearest evidence that a company knew about a hazard and chose not to fix it.
Low-Slope vs. Steep-Slope Roofing Hazards
OSHA recognizes that different roof types present different hazards.
Low-Slope Roofs (Less than 4:12 pitch)
Common on commercial buildings, these roofs allow the use of warning line systems set at least 6 feet from the edge, safety monitoring systems in limited circumstances, guardrail systems, and personal fall arrest systems.
Steep-Slope Roofs (4:12 pitch or greater)
Common on residential buildings, these roofs require personal fall arrest systems, guardrail systems with toeboards, or safety net systems. Warning line systems are not permitted on steep-slope roofs because the angle makes them ineffective, a distinction that matters a great deal when an insurer’s investigator later tries to argue a warning line was “good enough” on a residential job.
The Residential Roofing Problem
Residential roofing accounts for a disproportionate share of roofing fatalities. Contributing factors include a small-contractor exemption mindset, where small operators mistakenly believe OSHA doesn’t apply to them; cost pressure from competitive residential bidding that leads to cutting safety corners; short job duration, which contractors use to rationalize skipping protection for “quick” jobs; the steeper pitch typical of residential roofs compared to commercial ones; and less training, since small crews may include workers who’ve never been formally trained on fall protection at all.
OSHA applies equally to all construction employers, regardless of size. There is no exemption for small contractors or residential work, and “we’re a small crew, we don’t need all that” is not a legal defense, it’s usually the first sign a case involves a willful, not just a serious, violation.
Common Causes of Illinois Roofing Accidents
Based on OSHA investigations and our case experience, roofing accidents typically result from unprotected roof edges where workers walk too close without fall protection; skylight falls, where workers step on skylights that can’t support their weight and that often look like part of the solid roof surface from a few feet away; roof collapse, where deteriorated decking gives way under a worker’s weight; ladder incidents during ascent, descent, or the transition onto the roof itself; weather conditions, since wet, icy, or windy conditions sharply increase fall risk; equipment failures involving worn harnesses, failed anchors, or broken ropes; and untrained workers who don’t know how to use the safety equipment they’ve been handed.
Injuries in Roofing Falls
Roofing falls cause devastating injuries even from residential roof heights of 15-25 feet:
- Spinal cord injuries – Paralysis from impact or landing position
- Traumatic brain injuries – Even with hard hats, head trauma is common
- Multiple fractures – Broken legs, arms, pelvis, and ribs
- Internal injuries – Organ damage from impact
- Death – Many roofing falls are fatal
Workers’ Comp and the Exclusive-Remedy Trade-Off
Every roofer injured on an Illinois job site is generally entitled to workers’ compensation benefits regardless of fault, medical bills covered and a portion of lost wages paid, no matter whether the fall was the worker’s own misstep or a contractor’s missing guardrail. Under 820 ILCS 305/5(a), that benefit comes with a trade-off: it’s generally your exclusive remedy against your own employer, meaning you typically can’t also sue your direct employer for negligence over the same injury.
That doesn’t mean workers’ comp is the only money available. Roofing jobs almost always involve more than one company on site, a general contractor, a property owner, a subcontractor supplying equipment, sometimes a separate scaffold or lift company. None of those parties get exclusive-remedy protection just because they were present on the job. If any of them contributed to the fall, a third-party claim against them can recover pain and suffering, full wage loss, and loss of normal life, none of which workers’ comp pays for. If that third-party claim succeeds, the comp carrier typically has a lien on part of the recovery under 820 ILCS 305/5(b), reduced under Illinois’s common-fund doctrine by a share of the fees and costs it took to win the case.
Your Legal Rights After a Roofing Accident
Injured roofing workers in Illinois have multiple potential claims.
Workers’ Compensation
All injured workers are entitled to workers’ compensation benefits, including medical expenses and wage replacement. This applies regardless of who was at fault.
Third-Party Liability
Beyond workers’ comp, injured roofers may sue general contractors controlling the job site, property owners who knew of hazards, equipment manufacturers for defective safety gear, and other contractors whose negligence created hazards.
Third-party claims can recover full damages including pain and suffering, amounts not available through workers’ compensation.
OSHA Complaints
Workers can file OSHA complaints about unsafe conditions, triggering inspections and potential citations. You have the right to request an OSHA inspection and are protected from retaliation for doing so.
Comparative Negligence on Third-Party Roofing Claims
Insurers defending a general contractor or property owner in a roofing case will often argue the injured roofer shares some blame, that he should have refused to work in high wind, or wasn’t clipped into the anchor point that was actually available. Illinois follows modified comparative negligence under 735 ILCS 5/2-1116: if a jury finds you more than 50% at fault, you recover nothing from that defendant, and if you’re found 50% or less at fault, your award is reduced by your percentage of fault but you still recover.
Say a roofer wins a $600,000 verdict against a general contractor for failing to enforce fall-protection rules on site, but the jury also finds him 20% at fault for not using an available harness. The recoverable award drops to $480,000. Where more than one party is found liable, 735 ILCS 5/2-1117 generally makes each jointly and severally liable for medical expenses if found more than 25% at fault, with non-medical damages apportioned by each party’s share of fault.
When a Roofing Accident Is Fatal
Roofing falls are among the more common causes of fatal construction accidents in Illinois. When a roofer dies on the job, the family may have a claim under the Illinois Wrongful Death Act, 740 ILCS 180/1, in addition to workers’ comp death benefits. A wrongful death claim against a negligent general contractor or property owner can include the loss of the worker’s income, companionship, and guidance to surviving family members, in a way workers’ comp death benefits alone don’t replace.
OSHA Citations as Evidence
When OSHA cites a roofing contractor following an accident, those citations become powerful evidence in injury claims. Citations prove the employer violated specific safety standards, the violation can establish negligence per se in many cases, repeat violations show a pattern of disregard for worker safety, and willful violations can support punitive damages in a third-party case. Citations can take months to finalize, though, so a case shouldn’t sit idle waiting for OSHA to close its file, witness memory and physical evidence at the site fade well before that.
Preserving Evidence After a Roofing Fall
Roofs get repaired, torn off, or re-covered quickly after a job resumes, which means physical evidence of what actually failed disappears fast. If you or a family member were hurt in a roofing accident, it helps to document the fall-protection equipment that was or wasn’t present, photograph the roof surface and any skylights or openings near where the fall occurred, get the names of any coworkers who witnessed it, and identify every company that had crews on site that day, not just your direct employer. If OSHA responds to the accident, request a copy of the inspection file once it’s available.
Mistakes That Can Hurt a Roofing Accident Claim
Giving a recorded statement to a general contractor’s insurer before talking to an attorney is one of the most common mistakes, those calls are designed to get an injured worker to downplay the severity of the fall or accept partial blame on tape. Assuming the only compensation available is workers’ comp is another, particularly on multi-contractor roofing jobs where a general contractor’s safety failures never get investigated because nobody looks past the direct employer. Returning to work before a doctor has actually cleared you, especially after a fall involving a head or back injury, is a third mistake that can undercut both your recovery and your case.
A Hypothetical Example
The following is a hypothetical illustration, not a description of an actual case or outcome. A residential roofer is reshingling a steep-slope roof for a general contractor that hired his employer as a subcontractor. The general contractor supplied the anchor points for the crew’s harnesses, but one anchor was installed into rotted decking rather than a rafter. The anchor pulls free when the roofer’s harness catches his fall, and he drops roughly eighteen feet to the ground, breaking his pelvis and femur. His employer’s workers’ comp carrier begins covering medical bills immediately. Separately, an OSHA investigation finds the general contractor, not the roofer’s direct employer, installed the defective anchor point, opening a third-party claim against the general contractor for the portion of harm workers’ comp doesn’t cover.
The Multi-Employer Worksite Problem
Roofing jobs, especially on larger commercial buildings, rarely involve a single company. A general contractor might oversee the project while a roofing subcontractor handles the actual work, sometimes with a separate crew supplying and installing the fall-protection anchors themselves. OSHA’s multi-employer worksite doctrine addresses exactly this situation: a “controlling employer”, typically the general contractor, can be cited for a hazard it had the authority to fix, even if a different company’s crew created it. That same principle carries over into civil liability. When a fall-protection anchor was installed by one company and used by a worker employed by another, sorting out which entity is actually responsible takes a real investigation into who supplied, inspected, and approved the equipment, not just who signed the worker’s paycheck.
First Steps After a Roofing Fall
What happens in the first hours and days after a roofing accident can shape the whole case. Get medical treatment immediately and be specific with providers about exactly how the fall happened, vague intake notes get used against injured workers later. Report the accident to your employer in writing, even if a supervisor already saw it happen, since a written report creates a timestamped record. If you’re able, note which company’s anchor points, harnesses, or ladders were involved, since roofing sites often mix equipment from several different contractors. Photograph the roof, the fall-protection equipment, and the area where you landed before anything gets moved or repaired. And before agreeing to give a recorded statement to any insurance adjuster, your own employer’s or another company’s, talk to an attorney first.
Frequently Asked Questions
Can a homeowner be held liable for a roofing accident?
It depends on how much control the homeowner retained over the work and whether they knew of a hazard. Most residential roofing liability runs through the contractor, but property owner liability isn’t automatically ruled out.
What if the roofing company doesn’t carry workers’ comp insurance?
Illinois law requires nearly all employers to carry workers’ comp coverage. If a roofing employer is uninsured, there are still legal options, including a claim through the Illinois Injured Workers’ Benefit Fund and a potential direct negligence claim against the uninsured employer.
Does OSHA fine the contractor, and does that money go to the injured worker?
No. OSHA penalties are paid to the federal government, not the injured worker. Compensation to the worker comes through workers’ comp and any separate civil claim.
I was a 1099 subcontractor, not an employee. Do I still have a claim?
Misclassification is common in roofing. Whether you’re legally an employee for workers’ comp purposes depends on the actual working relationship, not just the label on your paperwork, and it’s worth having that reviewed rather than assumed.
How long do I have to bring a claim?
Workers’ comp notice deadlines run quickly after the accident, and a third-party personal injury lawsuit generally must be filed within two years under 735 ILCS 5/13-202. Both should be looked at together, early.
Contact Phillips Law Offices After a Roofing Accident
If you’ve been injured in a roofing accident, or lost a family member, you need attorneys who understand OSHA regulations and know how to hold negligent contractors accountable. At Phillips Law Offices, we have extensive experience with construction and roofing accident cases.
Contact us today for a free consultation or call (312) 346-4262. We’ll investigate the accident, obtain OSHA records, identify all liable parties, and fight for the compensation you and your family deserve. Roofing accidents are preventable, and negligent contractors must be held responsible.
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