Construction accidents can happen at any time. These work sites can be very dangerous without proper safety precautions and protocol. Even with protections in place, accidents can happen, leading to serious injuries for Oregon workers.
If you are injured in a construction accident, you may be eligible for financial compensation through a workers’ compensation claim or third-party lawsuit. However, you will need to file your claim within the appropriate deadline to recover a settlement or benefits. For lawsuits, this deadline is known as the statute of limitations.
After a construction accident, you can choose to pursue a workers’ compensation claim under your employers’ insurance, or a third-party lawsuit.
Most Oregon employers are required to carry workers’ compensation coverage, which provides benefits to employees who are injured on the job. Unless your employer does not carry this coverage, you cannot pursue a lawsuit against him or her.
You could file a lawsuit if a third party is responsible for your injuries. For example, say that a delivery driver visits your construction site and strikes you with his or her vehicle. In this situation, you could file a lawsuit against the delivery driver. If you are injured by a piece of defective equipment, you could hold the manufacturer accountable in a product liability lawsuit.
All states have laws on how long plaintiffs have to file civil lawsuits. Different types of lawsuits usually have different deadlines. If you do not file your lawsuit within the appropriate time frame, the court will likely dismiss your case.
In Oregon, the statute of limitations for construction accidents is as follows.
Workers’ compensation claims do not fall under Oregon’s statute of limitations rules. Instead, these claims follow a different process with several important steps. You, your employer, and even your physician will need to meet the following deadlines.
Whether you are filing a workers’ compensation claim or a third-party lawsuit, you need an attorney on your side. A construction accident lawyer in Portland can carefully evaluate your case and strategize your optimal path to recovery.
Contact an attorney as soon as possible following your accident to discuss your next steps.