Upper Marlboro Roofer Injury Attorney
Roofing is consistently ranked among the most dangerous trades in the country. Workers in Prince George’s County climb steep pitches, work around live electrical lines, handle heavy materials in wind and heat, and do all of it at heights where a single misstep can mean a catastrophic fall. When that fall happens, or when a roofer is struck by equipment, suffers a heat stroke, or tears a shoulder hauling shingles, Maryland’s workers’ compensation system is supposed to step in. The problem is that roofing injuries rarely follow a clean path to full benefits. If you were hurt on a job site in or around Upper Marlboro and are dealing with a disputed claim, reduced benefits, or an employer who is making things difficult, an Upper Marlboro roofer injury attorney at Berman | Sobin | Gross LLP can help you sort through what you are actually owed and how to get it.
Why Roofing Claims in Prince George’s County Get Complicated
Roofing work in Maryland runs through a layered structure of contractors, subcontractors, and staffing arrangements that can make it genuinely confusing to identify who is responsible for your workers’ compensation coverage. A roofer might be dispatched by one company, supervised by another, and doing work for a general contractor on a third party’s property. When an injury occurs, each of those parties has an incentive to point at someone else.
Prince George’s County has significant residential and commercial construction activity, particularly around the Route 4 corridor, Largo, and developments near Joint Base Andrews. On these larger projects, it is common for multiple roofing crews to be on site, often for different subcontractors. The result is that the question of whose workers’ comp carrier covers you may not have an obvious answer, and the filing deadline under Maryland law does not pause while the parties sort it out.
There is also the independent contractor issue. Some roofing companies classify workers as independent contractors to avoid carrying workers’ compensation coverage. Maryland law does not permit this in most circumstances. The state applies its own tests to determine whether someone is genuinely an independent contractor or is actually functioning as an employee, and courts have repeatedly found that roofers who were told they were independent contractors were, in fact, employees entitled to benefits. If your employer has used this classification to deny your claim, that denial can be challenged.
The Full Scope of What a Roofer’s Claim Can Cover
Workers’ compensation in Maryland is broader than most injured roofers initially realize. The obvious piece is medical treatment, which is covered for injuries that arise out of and in the course of employment. But the benefits do not stop there.
Temporary total disability benefits replace a portion of lost wages when you cannot work at all during recovery. Temporary partial disability benefits apply when you can work in some capacity but your injury limits you to lighter or lower-paying work than you had before. Permanent partial disability benefits compensate for lasting impairment to a body part after you have reached maximum medical improvement. For the most severe roofing injuries, permanent total disability is also available.
Roofing accidents have a particular tendency to produce injuries that do not fit neatly into one category. A fall from a roof can cause multiple fractures, traumatic brain injury, spinal cord damage, and soft tissue injuries all at once. Each of those injuries may have its own treatment timeline and its own rating for permanent impairment. Getting the full picture documented correctly from the start matters because gaps in the medical record become arguments for the other side later.
There is also a separate body of law that applies when a third party, not your employer, contributed to your injury. If defective scaffolding caused your fall, if a property owner created a hazardous condition, or if a separate contractor’s crew created the situation that hurt you, a claim outside of workers’ compensation may be available in addition to, not instead of, your workers’ comp claim. These two tracks of recovery can run simultaneously under Maryland law.
What Roofing Employers and Their Insurers Push Back On
Workers’ compensation carriers who cover roofing companies are well aware that roofing claims tend to be expensive. Falls from heights frequently result in serious orthopedic injuries, prolonged recovery periods, and permanent functional limitations. As a result, these claims are often disputed in ways that smaller, less complex claims are not.
One common tactic is disputing the severity of the injury by relying on an independent medical examination, or IME, performed by a physician of the insurer’s choosing. These examinations are built into the workers’ compensation process, but the opinions they produce often understate impairment ratings and suggest the worker can return to full duty sooner than their treating physician believes. A roofer who accepts that opinion without challenge may end up with benefits that fall well short of what Maryland law actually provides.
Another pressure point is the return-to-work process. An employer may insist that modified or light-duty work is available, when in reality the work being offered is not within the restrictions the treating physician has set, or the position does not genuinely exist. Roofing is physically demanding enough that many employers cannot realistically accommodate serious restrictions, yet the paperwork sometimes says otherwise. How this plays out affects your temporary disability benefits and, potentially, your vocational rehabilitation rights as well.
Berman | Sobin | Gross LLP has spent 35 years handling the cases that require this kind of scrutiny. The firm has taken workers’ compensation disputes all the way through the Maryland Workers’ Compensation Commission, into the circuit courts, and before both of Maryland’s highest courts when that is what the case required. That track record matters when you are dealing with a carrier that has decided to dig in.
Questions Injured Roofers in Upper Marlboro Often Ask
I was told I was an independent contractor. Does that mean I cannot file a workers’ comp claim?
Not necessarily. Maryland applies specific legal tests to determine whether a worker is truly an independent contractor or whether that classification is being used incorrectly. Factors like how much control the company had over how you performed your work, whether you were economically dependent on that single company, and whether the company provided tools and set your schedule all play into the analysis. Many roofers labeled as independent contractors are found to have employee status when the facts are looked at carefully.
My injury happened on a construction site in Upper Marlboro, but the roofing company I work for is based in another county. Does that matter?
Not for purposes of filing a workers’ compensation claim. Maryland workers’ compensation coverage follows the employment relationship, not the location of the employer’s home office. The Maryland Workers’ Compensation Commission handles claims statewide.
How long do I have to file after a roofing accident in Maryland?
Maryland generally requires that a workers’ compensation claim be filed within two years of the date of the accidental injury. However, there are notice requirements that run on a much shorter timeline. Failing to notify your employer promptly can create problems even if the two-year filing window is still open. Getting the claim filed correctly and on time should be a priority.
My employer’s insurance company wants me to see their doctor. Do I have to go?
You will generally be required to attend an IME if the insurer requests one. What you are not required to do is simply accept that physician’s conclusions as final. An IME opinion can be countered by your treating physician’s records and testimony. The Workers’ Compensation Commission considers both, and having proper legal representation ensures that your medical evidence is presented effectively.
Can I lose my job for filing a workers’ comp claim in Maryland?
Maryland law prohibits retaliation against employees for filing workers’ compensation claims. If your employer takes adverse action against you because you filed a claim, that is a separate legal violation from the workers’ comp case itself. Documenting any communication from your employer about your status after you file is worthwhile.
What if the general contractor, not my direct employer, was responsible for the unsafe condition that caused my fall?
This is where a third-party personal injury claim may come into play alongside your workers’ compensation claim. If a general contractor, property owner, or equipment manufacturer contributed to the conditions that caused your injury, you may have a claim against them that is independent of the workers’ comp system. These two types of claims can coexist, and the damages available in a civil lawsuit are different from and potentially larger than workers’ comp benefits alone.
What does Berman | Sobin | Gross LLP charge for workers’ compensation cases?
Workers’ compensation cases at the firm are handled on a contingency basis, meaning fees come out of the recovery, not out of pocket. You can speak with an attorney about your situation without any upfront cost.
Injured Roofers in Prince George’s County Have Real Options
A serious roofing injury changes more than your physical condition. It can affect your ability to work in the only trade you know, your family’s financial stability during a long recovery, and your long-term capacity to earn a living. The workers’ compensation system in Maryland exists to address exactly this situation, but only if the claim is handled correctly and fully. Accepting a quick settlement or an IME opinion at face value can mean leaving significant benefits on the table. Berman | Sobin | Gross LLP is the largest workers’ compensation firm in Maryland representing injured workers, and the firm has handled hundreds of trials and appeals in cases far more complicated than a carrier wanted to believe they were. If you were hurt working on a roof in Upper Marlboro or anywhere in Prince George’s County, reaching out to a roofer injury attorney at Berman | Sobin | Gross LLP to review your claim costs you nothing and could make a substantial difference in what you recover.
