Can You Sue Your Employer After a Workplace Injury in Oregon?

It depends, but in most cases, you cannot sue your employer after a work injury in Oregon. That is because workers’ compensation is considered an exclusive remedy for injured employees whose employers are part of the system.

The exclusive remedy rule in workers’ compensation means that when an employee gets hurt on the job, they are limited to workers’ comp benefits as their sole method of compensation from their employers. The rule is essentially a trade-off. Employees get guaranteed medical coverage, partial wage replacement, and other benefits without needing to prove their employer did anything wrong. In return, employers gain protection from personal injury lawsuits from their employees over workplace injuries.

However, there are limited exceptions to this rule, and employees might have other sources of compensation available in certain circumstances.

Workers’ Compensation vs. Personal Injury Lawsuits in Oregon

Personal injury claims and workers’ comp claims differ fundamentally in several ways. Personal injury claims arise when someone gets hurt due to someone else’s negligence, recklessness, or intentional behavior. If this happens, the injured person can file a personal injury claim for various losses, including medical bills, lost wages, pain, suffering, and other losses. Fault is a key component in a personal injury claim. The injured person must prove the other party was responsible for causing harm before they can recover compensation in an injury claim.

On the other hand, workers’ comp claims are specifically for employee injuries and occupational illnesses occurring in the workplace or while performing work-related duties. Injured employees don’t need to prove fault on the part of their employers or anyone else. Instead, they are automatically entitled to workers’ compensation benefits, which can cover medical bills, a portion of lost wages, and rehabilitation costs.

What Are the Exceptions to Employer Immunity for Work Injuries?

Oregon law explicitly sets out several exceptions to the exclusive remedy rule, including:

• Willful and Unprovoked Aggression – If an employer intentionally and without provocation attacks an employee and causes injury or illness, the rule doesn’t apply.
• Not Engaged in a Common Enterprise – If the injured worker and the employer weren’t working together on similar tasks or toward a shared goal, the rule won’t apply.
• Failure to Comply with a Posted Notice – If an employer doesn’t follow a posted warning or notice relating to equipment safety and this harms an employee, immunity will not apply.
• Negligence Outside of Exempted Capacity – If an employee gets hurt by an employer’s careless actions, and if this carelessness happened outside the specific role that would grant the employer immunity, the rule won’t apply.

If I Can’t Sue My Employer, How Can I Seek Full Compensation for My Work Injury?

Workers’ compensation provides essential benefits for employees who get hurt on the job. But it often doesn’t cover the full range of losses workers experience. In certain circumstances, even though you can’t sue your employer, you could seek additional compensation through the following types of third-party injury claims against someone other than your employer or co-workers:

• Product Liability Claims
• Premises Liability Claims
• Auto Accident Claims

A Workplace Injury Lawyer Can Help You Understand Your Legal Options

After a work-related injury, a skilled workers’ comp lawyer can clarify your options and help you pursue the fullest compensation possible from every available source. Reach out to Jodie Anne Phillips Polich, P.C., for a free consultation to learn more about your rights as an injured worker in Oregon.