I fell from a scaffold, ladder or roof at work. What are my rights?

Falls are the leading killer in construction

OSHA identifies falls as the leading cause of death in construction, and Texas leads the nation in workplace deaths. Roofers, framers, painters, drywall crews, ironworkers, scaffold builders and window installers are at the greatest risk, and many of them are Latino workers.

The safety rules are specific

Federal OSHA rules require fall protection in construction when a worker is six feet or more above a lower level: guardrails, safety nets or a personal fall arrest system. Scaffolds need protection above ten feet, must be built and inspected properly, and must sit on solid footing. Ladders must be the right type, in good condition and set up correctly. When those rules are broken, it is strong evidence of what a safe job site should have looked like.

Who can be responsible

• The general contractor, which usually controls the site and its safety program.
• The property owner, in some cases; for building and repair work, Texas Chapter 95 limits owner liability unless the owner controlled how the work was done and knew of the danger.
• The scaffold company that built, inspected or rented the scaffold.
• A manufacturer, if a ladder, harness, anchor or lift failed.
• Your own employer, if it has no workers' compensation. Texas lets you sue a non-subscribing employer for negligence, and it cannot blame you for being careless or argue you accepted the risk.

Roofers and day laborers

Many roofers and construction workers are paid by the job or in cash, through a crew leader who works for a subcontractor who works for a general contractor. That chain can make it hard to know who your employer is. It does not take away your rights. Messages, photos at the job, coworkers and the crew leader's name help us trace who was responsible for the site and for your safety. Proving lost wages when you're paid in cash.

The evidence we go after

• Scaffold inspection records: OSHA requires a competent person to inspect a scaffold before each work shift. Tags, logs and the name of that person matter.
• Fall protection equipment: whether a harness, lanyard and anchor were provided, and whether the anchor could hold the 5,000 pounds OSHA requires.
• Ladder setup: the type, condition and placement; an extension ladder used to reach a roof must extend three feet above the landing.
• The site safety plan, the general contractor's daily reports and safety meeting sign-in sheets.
• Photos, video and witnesses from the day, and any OSHA inspection that followed.

OSHA rules are often used as evidence of what a reasonably safe job site requires, and a citation can help, but the claim does not depend on OSHA issuing one.

Head, back and spinal injuries

Falls cause some of the most serious injuries we see: traumatic brain injuries, spinal fractures, broken pelvises and shattered heels. Some of them aren't obvious the same day. Get evaluated, follow up, and don't go back on a roof until a doctor clears you.

How these cases unfold

The company's investigation starts the same day, often with its lawyers and insurers involved. OSHA may inspect, and it has six months from a violation to issue citations. Federal investigations by the Chemical Safety Board can take years, and you don't have to wait for them. In the first weeks, our job is to send preservation demands so records, data and equipment are not lost, identify every company involved, and get you the medical care the claim depends on. Then come the experts, such as process-safety engineers, safety consultants, doctors and economists, followed by negotiations or a lawsuit. Many workplace cases resolve in one to three years; the most serious ones can take longer.

What a claim can cover

Workers' comp, when your employer has it, pays medical care and part of your lost wages, but nothing for pain or the full loss of your earning ability. A claim against another responsible company, or against an employer without workers' comp, can cover all of it: medical bills now and in the future, every dollar of lost wages, lost earning capacity, pain, mental anguish, disfigurement and physical impairment. What a case is worth depends on the injuries, the future care they require, your work and the evidence of fault. No honest lawyer can put a number on it before reviewing those facts, and we never promise a result.

What to do now

Report the injury to your employer within 30 days to protect workers' comp benefits if there are any. Take or ask a coworker to take photos of where you fell, the scaffold, the ladder and any missing guardrail or harness, and write down who was there. Don't sign anything from the company or its insurer. Jimmy Suerken is a Mexican-American attorney who speaks Spanish, and you can talk with him directly. When a case calls for it, he brings in experienced co-counsel and the right experts.

More answers about industrial and plant accidents

Other ways people ask this

I'm a roofer and I fell. Can I sue?

Possibly. Depending on who controlled the job and whether your employer has workers' comp, you may have claims against the general contractor, the owner, a scaffold or equipment company, or your employer itself.

My employer has no workers' comp. Can I sue them for my fall?

Yes. Texas lets you sue a non-subscribing employer for negligence, and it loses the defenses of contributory negligence and assumption of the risk.

There was no harness or guardrail. Does that matter?

Yes. OSHA requires fall protection in construction starting at six feet. A missing harness or guardrail is strong evidence of what should have been there.

I'm undocumented. Can I still make a claim after a fall at work?

Yes. Your right to compensation for a work injury in Texas does not depend on your immigration status.

The general contractor says safety was the subcontractor's job. Can I still claim against the GC?

Possibly. What matters is who actually controlled safety on the site. General contractors often run the safety program, hold daily meetings and can stop unsafe work, and that can make them responsible.

OSHA came to the site after my fall. Does that help?

It can. OSHA rules are often used as evidence of what a safe job site requires, and citations can help. Your claim doesn't depend on OSHA issuing one.

How much is a fall case worth?

It depends on the injuries, especially head and spinal injuries, future care, your work and the evidence. We give you an honest assessment after reviewing the facts, and we never promise a result.

Authority: OSHA 29 CFR 1926.501 · OSHA: fall protection · Tex. Lab. Code ch. 406 · BLS: fatal work injuries in Texas, 2024 · OSHA 29 CFR 1926.451 (scaffolds) · OSH Act § 9 (citations)