Indemnity is not a concept that is usually associated with workers’ compensation coverage in Oregon because all employers are required to have workers’ compensation insurance. If your employer does not have workers’ compensation insurance, they are considered a non-complying employer. Even if your employer is found to be a non-complying employer, your injury will still be covered and your claim assigned to an insurer/claims agent for processing and payment of your injury claim; although you may have the right to sue your employer directly in these circumstances.
Sometimes the concept of indemnity arises if your injury is the result of the action of a third party, meaning someone other than your employer or a co-worker. Generally, you can not sue your employer directly in Oregon for an injury that occurs on the job. There are some exceptions and if a third party is responsible for causing your injury they may have to reimburse your employer’s workers’ compensation insurer, as well as compensate you for loss or damages not covered under Oregon’s workers’ compensation laws, such as for pain and suffering, future wage loss and loss of consortium.
If you believe you were injured at work by a third party, meaning not your employer or a co-worker, you should contact an attorney to see if you are able to file a lawsuit against this third-party.