The Oregon's Workers' Compensation statute will provide benefits to an injured worker, but these benefits are limited. An Oregon worker injured while performing dangerous or hazardous work may also have a viable Employer Liability Law (ELL) claim. This statute allows claims against other employers involved in common project if the other contractor or employer does not take all practical precautions to make the work place safe.
An Employer Liability Law claim may arise in any one of the following ways:
- Employer negligence. If another employer you are working with acted negligently and did not take the mandatory safety precautions, you may be eligible to file a claim under the Employer Liability Law
- Inadequate safety equipment. Employers are required by law to provide you with all the safety equipment necessary to keep you protected. If they fail to provide the right equipment (or if the equipment doesn’t function right) and you are injured, you may have a claim.
- Contractor negligence. Sometimes, an injury may be the fault of a third party who has control over the construction site. When this is the case, a claim can be filed against a third party.
Many injured workers are not aware of a possible Employer Liabiliy Law claim. Unlike a workers' compensation claim, you must prove that another party, usually another contractor, violated the standards set out in the statute. This may require quick investigation, and possibly an expert opinion.
If you contact an Oregon construction accident attorney, you can know whether you have a claim, and if so, how to pursue it. Contact Astoria construction accident attorney Joe Di Bartolomeo to find out your options in pursuing an ELL claim.