When a construction worker is hurt by a debris chute, there are multiple parties who could share liability, such as:
- Property owners
- Equipment manufacturers
- Independent contractors
When another party’s negligence causes a construction worker’s injuries, they should be held accountable. Your construction accident lawyer will examine your case to determine what caused the debris chute accident and who is responsible for your damages. Here’s more about liability for construction worker injuries caused by debris chute in Texas.
Construction Safety Laws in Texas
Contractors, company owners, and other parties on construction sites must follow safety rules, including the safe use of debris chutes. They should make sure they are:
- Covering the debris chute enclosures when the debris chute is not in use
- Protecting the openings of debris chutes, including solid planking
- Placing warning signs in noticeable locations at the ends of debris chutes to warn the public and construction workers of the risks
These are just a few of the guidelines that are in place surrounding debris chutes and construction sites. If a subcontractor, contractor, or other third party violated these or other regulations, they may be held accountable for any injuries a construction worker or other victim sustains in an accident.
Liability for Debris Chute Construction Worker Injuries
Establishing liability is part of how construction workers can recover the compensation they are entitled to have. Depending on how your debris chute accident occurred, there are several parties who could share liability for your injuries. Some of these parties could include:
- Contractors
- Subcontractors
- Debris chute manufacturers
- Debris chute designers
- Other third parties
Your construction accident lawyer will determine how your injuries occurred and who is ultimately responsible for covering your costs.
Under Texas Civil Practice and Remedies Code § 33.001, if you are partially responsible for causing your injuries, you can still recover compensation for your damages as long as your portion of fault does not exceed 50 percent. If you share fault for your debris chute injuries, expect your compensation to be reduced in proportion to your percentage of fault.
Forms of Evidence You Can Use to Support Your Debris Chute Accident Claim
To show the other party’s responsibility for the accident, you must have evidence. You could use:
- Your medical records
- The incident report
- Photos of your injuries and the scene of the debris chute accident
- Video surveillance
- Statements from eyewitnesses
You must then apply this evidence, as well as other forms, to the standard of negligence, which comprises:
- Duty of care
- Breach of duty
- Causation
- Damages
All of these elements must be present in your case for you to recover your losses.
Recoverable Compensation for Construction Worker Debris Chute Injuries
Some different types of damages you could recover in your construction accident claim or lawsuit include:
- Hospital bills
- Costs of prescription medications
- Costs of physical therapy
- Medical equipment fees
- Ongoing medical treatment costs
- Pain and suffering
- Mental anguish
- Loss of income
- Loss of potential future earnings
- Disfigurement and scarring
- Loss of household services
- Diminished quality of life
- Loss of consortium
You could also be awarded punitive damages in your case if the court finds the defendant’s actions were grossly negligent or reprehensible. Punitive damages are only awarded in cases where the court system finds it necessary and appropriate to punish the defendant for their actions.
The Statute of Limitations for Texas Personal Injury Lawsuits
You need to take action soon if you hope to hold the liable party accountable for their negligence via a lawsuit. Under Texas Civil Practice and Remedies Code § 16.003, the statute of limitations will generally only allow two years for injury victims to file their personal injury lawsuit. The same time frame applies to those filing a wrongful death case.
If the statute of limitations runs out before you file, you will no longer have the right to be awarded compensation through the Texas civil court system. Fortunately, when you get a construction accident attorney involved in your case early, the statute of limitations should not impact your ability to pursue your case. They will work to ensure you comply with your given deadline.
Get Help from a Construction Accident Lawyer with Our Firm in Texas
If you were injured or lost a loved one to a debris chute construction accident, but you need help proving liability, call in the Strong Arm. In addition to naming responsible parties, we will help you collect evidence, assess your damages, and negotiate a favorable settlement or verdict.
Reach out to Loncar Lyons Jenkins at (800) 285-4878 for a free consultation with one of our team members. You won’t pay any upfront or out-of-pocket fees, as we work on contingency.
