Do I have a claim against another person if I am injured on the job?

If you are injured on the job in Oregon, the Oregon Workers’ Compensation statute provides limited benefits, including disability payments and medical services. The general rule is that you have no other options to recover your losses, including the losses associated with permanent injury like loss of enjoyment of activities, or pain and suffering. However, there are some exceptions.

If a person other than a co-worker or your employer was negligent in causing your injury, you may have a “third-party claim.” This is like any other negligence claim against a careless party. However, you are often required to reimburse your workers’ compensation carrier for any benefits it provided.

Also, if you are injured while working with other contractors in a dangerous occupation, and one of the other contractors was negligent in causing your injury, you may have a claim under the Employer Liability Law. You must meet many requirements to make this claim.

Finally, there are some very limited circumstances where you may have a direct claim against your employer if you are injured on the job. This depends on the nature of your injury, and whether you are able to obtain benefits through the workers’ compensation system.

If you think you may have a claim against another person after an on-the-job injury, call us at 503-325-8600. We have extensive experience in investigating in pursuing these claims. We have office locations in Beaverton and Astoria, located, can sit down with you at your convenience to explore your options.

Joe Di Bartolomeo
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Joe Di Bartolomeo is a top rated personal injury lawyer helping Oregon and Washington families