If you suffered an injury or disease due to your job, you may be able to seek workers’ compensation. Most employers in Oregon have workers’ compensation insurance to cover expenses related to workplace injuries or illnesses for their employees. Generally, if you are injured on the job or suffer a disease due to your job, you can recover these benefits, no matter who was responsible for the injury.
However, if someone other than your employer caused the injury by acting negligently, you may have other recourse options, such as a third-party lawsuit against the at-fault party.
Let’s look at third-party claims and how they relate to workers’ compensation claims in Oregon.
Who Is a Third Party?
Workers’ compensation claims involve two primary parties: you and your employer. If anyone else contributed to an accident, they are a third party. If a third party was involved in your injury, you may be able to seek compensation from them through a third-party claim.
Third-party lawsuits are similar to standard personal injury cases. You must prove that the third party was negligent and responsible for your injuries. Here are some common examples of third-party claims:
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- You fell at work because the floor was slippery, and a cleaning company or its employee left a substance on it. The cleaning company or their employee would be the third party.
- You are a commercial delivery driver injured in an accident with a negligent driver. The other driver is the third party.
- You are a manufacturing employee injured by defective equipment supplied by another company. The other company is a third party.
There could be multiple third parties in your case. Anyone besides you and your employer who contributed to the accident or injury could be held liable in a third-party lawsuit if you can prove they were negligent.
Contact an experienced personal injury lawyer to discuss your workplace injury or illness and whether you have a third-party claim.
What Does Workers’ Compensation Cover?
Workers’ compensation insurance pays benefits to cover your medical expenses caused by eligible conditions. It also covers lost wages and pays benefits if you suffer a permanent disability. If you cannot return to your previous work because of your injuries, worker’s compensation may cover vocational rehabilitation so you can learn new job skills.
The available benefits in your case depend on the extent of your injuries, the long-term impacts of your injuries, and whether you are expected to be able to return to your previous employment.
Damages You Can Claim in a Third-Party Case
In a third-party claim, you can seek damages from the at-fault party. The two main categories of damages are economic damages and non-economic damages.
Economic damages cover the actual monetary costs of an accident, including medical bills, property damage, lost wages, transportation costs, and decreased earning potential.
Non-economic, in contrast, compensate victims for the subjective or psychological harm they suffer from an accident. These may include pain and suffering, emotional anguish, decreased quality of life, and loss of companionship by a loved one.
An experienced personal injury lawyer will help you seek compensation for all your workplace injury-related damages.
Can I File for Workers’ Compensation and a Third-Party Lawsuit?
Yes, you can file workers’ compensation and third-party claims in Oregon. If you were injured at work, you potentially have a workers’ compensation claim. You may have a third-party claim if a third party contributed to your injury. You can pursue both options.
However, these two types of claims are very different, with different deadlines and legal requirements. The compensation you receive through workers’ compensation may impact the available compensation in a third-party claim.
An experienced Oregon personal injury lawyer can help you navigate the intricacies of these two types of claims and make sure you don’t leave potential compensation on the table.
How Long Do I Have to File My Third-Party Lawsuit in Oregon?
In Oregon, you must file your third-party lawsuit within two years of your workplace injury. This deadline is called the statute of limitations. If you don’t file your case on time, the judge will dismiss your case, and you may be unable to recover compensation for your injuries.
For workers’ compensation claims, you must notify your employer of your injury within 90 days. Contact an experienced attorney as soon as possible to ensure you meet all applicable deadlines.
Contact a Knowledgeable Oregon Personal Injury Lawyer for a Free Consultation
If you were injured or became ill at work, you may have multiple options for seeking compensation. If a third party contributed to your accident, you may be able to seek compensation in a third-party lawsuit in addition to a workers’ compensation claim.
Contact a skilled Oregon personal injury attorney to discuss whether you can seek compensation through a third-party lawsuit.
