This content is for informational purposes only and does not constitute legal advice. I am not a lawyer. Consult a licensed workers’ comp attorney in your state.
Quick Answer
Roofers in New Jersey are fully covered by workers’ compensation for injuries that happen on the job. Benefits pay 70% of your average weekly wage, up to the state maximum — currently $1,131 per week for 2025, with the 2026 figure updated each January by the New Jersey Department of Labor and Workforce Development. Coverage is mandatory for virtually every roofing employer in the state, and it does not matter whether you were partially at fault for the accident.
From Shane: Why Roofers Don’t File — And Why That’s a Mistake
I get it. You’re on a crew. You don’t want to be the guy who shuts down the job. You’ve been told a hundred times that injuries are “part of the work,” or your boss handed you a W-9 instead of a W-2 and told you that means you’re on your own. I heard the same things.
Here’s the reality: New Jersey has some of the strictest pro-worker classification laws in the country. If you are doing roofing work under someone else’s direction, using their materials, on their schedule, there is a very strong legal argument that you are an employee — regardless of what your tax form says. The workers’ comp system exists precisely because roofing is one of the most dangerous jobs in America. According to the Bureau of Labor Statistics, the fatal injury rate for roofing occupations was 45.2 deaths per 100,000 full-time equivalent workers in 2022 — nearly 10 times the all-industry average of 3.7. Don’t leave your benefits on the table.
The 4 Most Common Injuries for New Jersey Roofers
1. Fall From Elevation
The leading cause of roofing fatalities and serious injuries nationwide. In New Jersey, OSHA construction standards (29 CFR 1926 Subpart M) require fall protection at heights of six feet or more. Falls happen from ladders, roof edges, skylights, and fragile roof surfaces. Injuries include traumatic brain injury, spinal fractures, multiple broken bones, and death.
2. Torn Rotator Cuff and Shoulder Injuries
Repetitive lifting of bundles of shingles — a standard bundle weighs 60–80 lbs — combined with overhead nailing and material carrying causes progressive shoulder damage. These injuries are often mischaracterized as “pre-existing” by insurance carriers, making documentation of when symptoms began critical.
3. Heat Stroke and Heat-Related Illness
New Jersey summer temperatures on a dark asphalt roof surface can exceed 150°F. The New Jersey Public Employees Occupational Safety and Health (PEOSH) program and OSHA both cite heat illness as a serious and underreported occupational hazard. Heat stroke causing organ damage, neurological effects, and cardiac events are compensable under workers’ comp.
4. Knee and Lumbar Spine Injuries
Years of kneeling on hard surfaces, climbing ladders, and carrying heavy loads compress the lumbar discs and damage knee cartilage. Conditions like herniated discs, meniscus tears, and patellar tendon injuries develop both from single traumatic incidents and from cumulative occupational exposure — both of which are covered under New Jersey workers’ comp law.
What the Law Says vs. What Actually Happens
The Law: Under N.J.S.A. 34:15-1 et seq., every employer with one or more employees in New Jersey must carry workers’ compensation insurance. Benefits are no-fault. Your immigration status is irrelevant. A prior injury does not disqualify you.
What Actually Happens:
| Employer/Insurer Tactic | How It Works | How to Counter It |
|---|---|---|
| Independent contractor misclassification | You’re handed a 1099 and told you have no coverage | NJ’s ABC Test (N.J.S.A. 43:21-19) presumes you are an employee unless all three prongs of the test are met. Very hard for roofers to qualify as true ICs. |
| Blaming a pre-existing condition | Insurer says your back/shoulder was already bad | NJ law covers aggravation of pre-existing conditions. You only need to prove work made it worse, not that work caused it entirely. |
| Disputing the accident report | No witnesses, no formal report | Your medical records, co-worker statements, and the timing of treatment all establish your claim. Report immediately every time. |
| Delaying medical authorization | You can’t see a specialist for months | An attorney can petition the Division of Workers’ Compensation for emergent medical relief. |
| Offering a quick lump-sum lowball | $8,000 check before you know the full extent of your injury | Never sign a settlement without an attorney reviewing your permanent disability rating. |
New Jersey’s Division of Workers’ Compensation processes claims through an administrative court system. Formal litigation (a “Formal Claim Petition”) puts your case before a judge if the insurer disputes your claim. The system has teeth — but you have to use it.
Real Case Example: Marco’s Fall and His Weekly Benefits
Marco is a 38-year-old journeyman roofer in Bergen County. He earns $1,400 per week. On a Tuesday morning in June, he steps through a deteriorated section of flat roof and falls eight feet onto a concrete surface below, fracturing his left heel (calcaneus fracture) and herniating two lumbar discs.
Calculating Marco’s Weekly Temporary Disability Benefit:
| Variable | Amount |
|---|---|
| Average weekly wage (AWW) | $1,400.00 |
| Benefit rate | 70% |
| Calculated weekly benefit | $980.00 |
| 2025 NJ state maximum | $1,131.00 |
| Marco’s actual weekly benefit | $980.00 (below the max, so he gets the full 70%) |
Marco is unable to work for 22 weeks while undergoing surgery and physical therapy. He receives $980 × 22 = $21,560 in temporary total disability (TTD) benefits, all tax-free.
At maximum medical improvement (MMI), his treating physician assigns a 35% permanent partial disability to his lumbar spine and 20% permanent partial disability to his left foot. Under N.J.S.A. 34:15-12, these ratings translate into a permanent partial disability (PPD) settlement. His attorney negotiates a lump-sum Section 20 settlement of $87,500 — significantly more than the insurer’s initial offer of $31,000 — after petitioning the Division of Workers’ Compensation. Marco also retains future medical treatment for his back under the workers’ comp carrier.
New Jersey-Specific Rules for Roofers
The ABC Test for Independent Contractors: New Jersey uses one of the strictest employee classification tests in the nation. Under the ABC Test, a worker is presumed to be an employee unless the employer proves: (A) the worker is free from direction and control, (B) the work is outside the usual course of the employer’s business, and (C) the worker is customarily engaged in an independently established trade. For roofers working on roofing jobs for a roofing company, prong B alone almost always fails. Courts have consistently found roofing subcontractors to be employees for workers’ comp purposes.
Union Roofers (IUPAT / LIUNA): If you work under a collective bargaining agreement affiliated with a roofing union, your employer’s workers’ comp obligations are the same. Union contracts do not replace workers’ comp — they exist alongside it. Your union hall can be a critical resource for referrals to attorneys familiar with construction injury cases.
Uninsured Employers: If your employer has illegally failed to carry workers’ comp insurance, New Jersey’s Uninsured Employer’s Fund (UEF) can pay your benefits. You still have full rights to compensation. File your claim with the Division of Workers’ Compensation and notify the NJ Department of Labor.
OSHA Reporting: For serious roofing injuries, OSHA’s Trenton area office covers north and central NJ. A workplace fatality or in-patient hospitalization must be reported within 8 hours. An amputation or loss of eye within 24 hours. These reports are separate from your workers’ comp claim but create an official record that can support your case.
Frequently Asked Questions
Q: My boss says I’m an independent contractor and not covered. Is that true in New Jersey?
Almost certainly not, if you are working regular roofing jobs under direction from a roofing company. New Jersey’s ABC Test is among the most employee-friendly standards in the United States. The New Jersey Supreme Court has applied this test broadly in employment and workers’ comp contexts. The burden of proof is on your employer to demonstrate all three prongs, not on you to prove you are an employee. In practice, a roofer who shows up to job sites assigned by a contractor, uses tools or materials provided by or sourced through that contractor, and performs the contractor’s core business (roofing) will almost never qualify as a true independent contractor under NJ law. Even if you have your own LLC, that alone is not sufficient. Consult an attorney immediately. Do not accept a denial based solely on a 1099 or a subcontractor agreement.
Q: I have a pre-existing back condition. Can I still file a claim for my work injury?
Yes. New Jersey workers’ comp law explicitly covers the aggravation, acceleration, or exacerbation of pre-existing conditions. You do not need to prove that work caused your condition from scratch — only that your job duties made it worse. Insurance carriers routinely send injured workers for independent medical examinations (IMEs) with physicians who will attribute everything to “degenerative changes” or “pre-existing pathology.” This is a standard denial strategy. The counter to this is strong medical evidence from your own treating physician clearly documenting the change in your functional status and the occupational connection. An experienced workers’ comp attorney can help you find the right medical experts and rebut IME conclusions before a Division of Workers’ Compensation judge.
Q: How long do I have to file a workers’ comp claim in New Jersey?
Under N.J.S.A. 34:15-51, you have two years from the date of the accident or from the last date of voluntary payment of compensation to file a formal claim petition. For occupational diseases or cumulative trauma injuries (like a gradual shoulder or spine injury), the two-year clock typically starts from when you knew or should have known the injury was work-related. Do not wait. Evidence degrades, witnesses become unavailable, and late filing creates procedural complications. Report your injury to your employer in writing the same day if possible. File a formal claim petition with the Division of Workers’ Compensation if your claim is denied or disputed.
Q: Can my employer fire me for filing a workers’ comp claim?
Retaliating against an employee for filing a workers’ comp claim is illegal under New Jersey law (N.J.S.A. 34:15-39.1). If you are terminated, demoted, or have your hours cut after filing a claim, you have a potential wrongful termination cause of action separate from your workers’ comp case. Document everything: the timing of your termination relative to your injury report, any communications from your employer, and any witnesses to threats or pressure. These cases are handled in Superior Court, not the Division of Workers’ Compensation, and can result in reinstatement and additional damages on top of your comp benefits.
Q: What medical treatment am I entitled to, and do I get to choose my doctor?
In New Jersey, your employer or their insurance carrier has the right to direct your initial medical care. They must authorize and pay for all reasonable and necessary medical treatment related to your work injury. However, if you believe the employer’s designated physician is not providing adequate care or is acting as a hired advocate for the insurer, you can request an independent medical evaluation and petition the Division of Workers’ Compensation to authorize a treating physician of your choice. Many injured roofers also have their own attorney-referred treating physicians who document injuries accurately for legal purposes. Never go to an IME without understanding that the insurer hired that doctor.
Q: What is a Section 20 settlement versus a Section 22 settlement?
This is a critical distinction. A Section 20 settlement (N.J.S.A. 34:15-20) is a full and final lump-sum settlement that closes out your entire claim — including future medical benefits — in exchange for a negotiated payment. It requires court approval and is final. A Section 22 settlement (N.J.S.A. 34:15-22) resolves your disability payments but keeps future medical treatment open under the workers’ comp carrier for your accepted injury. For roofers with serious spinal or joint injuries who will likely need future treatment, a Section 22 that preserves medical coverage is often far more valuable long-term than a slightly larger Section 20 check. Never sign any settlement without understanding exactly which rights you are giving up.
Sources: BLS Census of Fatal Occupational Injuries (2022); NJ Department of Labor and Workforce Development, Maximum Workers’ Comp Weekly Benefit Schedule; N.J.S.A. 34:15 et seq.; 29 CFR 1926 Subpart M (OSHA Fall Protection); NJ ABC Test, N.J.S.A. 43:21-19.
This content is for informational purposes only and does not constitute legal advice. I am not a lawyer. Consult a licensed workers’ comp attorney in New Jersey before making any decisions about your claim.
More New Jersey Workers Comp Resources
See Also
- New Jersey Workers’ Compensation: The Complete Guide for Injured Workers (2026)
- Workers’ Comp Settlement for Fall From Height in New Jersey: The Definitive Guide (2026)
- Workers’ Comp Settlement for a Forklift Accident in New Jersey (2026 Guide)
- Workers’ Comp Settlement for Slip and Fall Injury in New Jersey (2026 Guide)
- How Long Can You Receive Workers’ Comp Benefits in New Jersey? (Complete Guide)
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