Court Says No Proof Employer Knew Lack of Fall Protections Would Kill Roofer

The estate of a roofer who fell 33 feet to his death can’t proceed with a tort suit because the employer did not know with substantial certainty that disregarding its own safety policies and federal workplace safety regulations would result in an accident, the South Dakota state Supreme Court said. Although the death of Justin Althoff in 2016 was tragic, the high court said the estate at best established only that Pro-Tec Roofing Inc. consciously disregarded a known risk or was negligent. That’s not sufficient to escape the exclusive remedy of workers’ compensation. “...