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What Misclassification Means for Roofers Injured on the Job
Roofing is demanding work. Long hours, high stakes, and a job that literally puts you on the edge—every day. But one danger most workers never expect? Getting hurt and being told you're not actually an employee.
That’s the reality many roofers face when they discover they’ve been misclassified as “independent contractors.” It might sound like just a paperwork issue, but it can mean the difference between receiving help after an injury or being left to fend for yourself.
Let’s break it down.
How Misclassification Happens
The Difference Between a Contractor and an Employee
It’s simple on paper: contractors control how and when they work. Employees follow company rules, use company tools, and stick to the company’s schedule.
But in roofing, the lines often get blurred. You might be showing up every day, doing exactly what you're told, using their materials—but still be listed as an “independent contractor.”
Why? Because it’s cheaper for companies. They don’t have to provide workers' comp, benefits, or even fair wages in some cases.
Why It’s a Problem in Roofing
Misclassification isn’t just a shady practice—it’s a legal one. Some employers do it knowingly to cut costs. Others hide behind vague contracts or handshake agreements. Either way, you end up losing protections you’re entitled to under the law.
And when something goes wrong—like an injury—you’re the one left paying for it.
What Happens When You’re Hurt on the Job
Denied Workers’ Comp
If you’re injured and misclassified, you may not be eligible for workers’ compensation benefits. That means no help with medical bills. No coverage for lost wages. No recovery time supported by your employer.
It’s not just unfair—it can ruin lives.
Employers Dodge Responsibility
The company that controlled your hours and told you how to do the job? Suddenly they’re not responsible. They claim you were “on your own” because of your contractor status—even if you were following their instructions.
That legal gray area can make it hard to hold anyone accountable. Unless you take the right steps.
What You Can Do if You’ve Been Misclassified
Know the Signs
If you’ve been showing up to the same site every day, working set hours, or using materials and tools provided by the company—you might be misclassified. Your job title isn’t what matters; how the work is structured does.
Look at your paychecks, contracts (if you have one), and what your daily routine looks like. If it walks like a duck…
Speak Up and Get Help
You don’t have to figure this out alone. Filing a misclassification complaint with your state’s labor department or talking to an attorney can start the process of getting your status corrected—and pursuing benefits you should have had in the first place.
Legal support helps make your case clear and strengthens your claim. It also puts pressure on companies to stop cutting corners at workers’ expense.
Where to Turn for Legal and Financial Support
You’re Not Alone in This
There are legal aid groups and advocates who specialize in helping misclassified workers. Some offer free services or reduced-cost representation. These folks understand how tough the system can be and how to fight back.
State and Federal Labor Departments Can Step In
You can also report misclassification directly to the Department of Labor. They have investigators who look into these cases and enforce penalties when employers break the rules. They also help workers recover unpaid wages or benefits.
Protecting Yourself and Others
Know Your Rights
Being informed is your first line of defense. Roofers should understand how legitimate employment looks—and what red flags to watch out for. If something feels off, it probably is.
Employers Can Do Better
Good companies don’t cut corners with their workers. Responsible roofing businesses follow classification laws, provide benefits, and make sure employees are protected. Holding them to that standard is key.
Injured as a Misclassified Roofer? You Have Options
Getting hurt on the job is hard enough. You shouldn’t also have to battle misclassification to get the support you deserve.
At The Law Offices of Darwin F. Johnson, we help injured workers in Atlanta hold companies accountable and fight back when they've been wrongfully labeled independent contractors. If you were injured while working as a roofer and denied the benefits you’re owed, we’re here to help.
Call (470) 285-8246 to schedule a consultation and learn how we can help you pursue justice and fair