I was in an auto accident on the job. Do I need an Oregon personal injury lawyer?

Probably. If you injuries are due to a third party, you can make a claim for your injuries directly against them, instead of making a claim against your employer.

What is a third party claim?

In Oregon, a third party claim is a claim against someone other than your employer for your injuries. The most common third party claims are when you are injured in an auto accident while on the job. Other common third party claims are when you are injured by defective products or the fault of a independent contractor, other than your employer.

Who pays my medical bills and wage loss in a third party Oregon workers compensation claim?

Your Oregon workers compensation pays your medical bills and wage loss. As part of any personal injury settlement, this money will have to be paid back. Whether you have to pay some or all of it is determined by what your attorney negotiates with the workers compensation insurance.

Portland personal injury attorney Michael A. Colbach.

Over $75 million in verdicts and settlements in 18 years.

Portland Employer Liability Lawyer

Oregonians injured on the job should be aware of Oregon's Employer Liability Law.

The Oregon Employer Liability Law claims may apply in situations where you were injured by an accident caused by an employee of another employer or by another party who caused injury or death. There are many Oregon industries where a work site might be a combined workforce from many different companies working together in intermingled work such as a construction site with a general contractor and many trades and subcontractors working in a commingled environment toward the same common work enterprise. The logging and forestry industry is usually this type of a workplace with many different types of work specialties being needed to do the work of a logging operation, freight, or the work in maritime or fishing industry. A person may get injured on a site by another subcontractor or negligent work of another company while working for the same common job.

Oregon Employer Liability is a 1910 law that actually predates workers' compensation laws in Oregon. The Employer Liability Law is stronger in many aspects for protecting the rights of an injured worker than workers' compensation.

Workers' Compensation laws are very different from Oregon's Employer Liability Law. One difference is that you can't get any monetary recovery for your pain and suffering under a Workers' Compensation claim. Worker's Compensation claims are also not going to be 100% compensation for your losses. Even in situations where an employer was completely negligent causing you the injury, under Workers' Compensation that employer is given immunity.

It is possible for a person to both have a workers' compensation claim, as well as an Oregon Employer Liability Law claim.

Oregon's Employer Liability Law and a third party workers' compensation claim can seem similar. A third party workers' compensation claim example is when a person drives for their work and are injured in a car accident while on the job by the fault of another driver; in this case a person can collect workers' compensation AND have a third party personal injury claim against the at fault driver's insurance. A car accident situation is an easy example, but there are countless variations of situations on a job site that might invoke a third party claim.

Consulting with an experienced Portland employer liability lawyer will be helpful in identifying all the defendants in a complex work place and knowing the best options for protecting your rights and maximizing your monetary recovery.

Most employers are required to purchase and maintain workers' compensation insurance coverage. However, there are a small number of industries where employers are not required to pay for workers' compensation coverage. Or a direct employer may have let the required workers' compensation insurance lapse and thus is a non-complying direct employer. The Oregon Employer Liability Law can apply to help you in these and more types of situations.

Contact me to schedule a free legal consultation.

Mike Colbach represented me in a lawsuit against a contractor who had severely injured me [...] His team dealt with the insurance companies and gave me tremendous peace of mind as I recovered so I could concentrate of just getting better. Through the deposition process, Mike fought hard to defend my interests and through the mediation process, Mike negotiated ferociously to secure the best possible settlement for me and my family. I would highly recommend Mike Colbach to anyone in need of a Personal Injury Attorney. Every victim needs an advocate like Mike in their corner.-->More

Tom Jones

Google Review

The Oregon Employer Liability Law is powerful in protecting your rights as an injured worker.

654.305 Protection and safety of persons in hazardous employment generally. Generally, all owners, contractors or subcontractors and other persons having charge of, or responsibility for, any work involving a risk or danger to the employees or the public shall use every device, care and precaution that is practicable to use for the protection and safety of life and limb, limited only by the necessity for preserving the efficiency of the structure, machine or other apparatus or device, and without regard to the additional cost of suitable material or safety appliance and devices. [Amended by 1997 c.249 §199]

The fact when a person was injured or killed on the job site is already the strong evidence that proves negligence of indirect employers, non-immune owners or subcontractors under the power of this law.

It goes even further because this law requires protecting worker safety at any expense, not just making a reasonable effort.