Workers’ Compensation vs. Third Party Claims in Oregon
If you were injured while on the job, you may be wondering if you are entitled to compensation for the cost of your medical treatment and forfeited income. Since all employers in the state of Oregon are legally required to purchaseworkers’ compensation insurance on behalf of their employees, it is safe to say that the answer would be, “yes.” There are very few circumstances that would prohibit an employee from securing these benefits—which could include failing to notify their employer and/or file a “Report of Job Injury or Illness” within a designated amount of time—but this can typically be avoided by taking action in a timely manner. In the event that your injuries were caused by a third party’s negligent actions, however, you may be entitled to an increased level of compensation.
In Oregon, an employee must give up the right to sue their employer once they have accepted the benefits of workers’ compensation insurance, but this does not mean that they cannot bring suit against a negligent third party. If you were involved in an accident that was caused by adefective piece of machinery, for example, you would have grounds to pursue damages from the manufacturer. This would be separate from your workers’ compensation claim, as both cases could be filed concurrently. You must keep in mind that you will need sufficient evidence to prove that the responsible party had failed to uphold their “duty of care,” however, as you would not need to determine fault when filing for workers’ compensation benefits. This can be done with the help of a Portlandpersonal injury lawyer.