Workplace Third-Party Negligence in Portland

Every worker has the right to feel safe and from harm at their place of employment. Unfortunately, far too many employees in Oregon suffer injuries while on the job. When they do, Oregon law permits them to file a workers’ compensation claim that may permit them to obtain money for their medical care and a portion of their lost wages. Yet in some cases that may not be the only avenue for an injured worker to pursue compensation.

Under certain circumstances, you may be eligible to file a third-party personal injury claim for the workplace accident that injured you. If you would like to find out whether your case qualifies for this type of claim, contact the Law Office of Jodie Anne Phillips Polich, P.C. Our firm can help you understand your options for pursuing total compensation during a free claim review.

What Is a Third-Party Workplace Injury Claim?

If you sustain an injury on the job in Oregon, you are likely not permitted to sue your employer. Worker’s compensation is a no-fault system in which employees give up their right to file suit against their employers in exchange for guaranteed benefits without the need to prove negligence. When filing a workers’ compensation claim, the compensation you may receive is limited to medical expenses and a portion of lost wages.

However, if you have been injured on the job and someone other than your employer or a co-worker caused or contributed to the injury, you could be eligible to file a third-party claim against the party whose actions led to the accident. For a third-party claim to be successful, you must prove the other party behaved negligently. The benefit of this type of claim is that it allows injured workers to pursue compensation for a much more comprehensive range of losses than they could through workers’ compensation alone.

What Are the Most Common Third-Party Injuries?

Some of the most common sources of work-related, third-party lawsuits include:

• Traffic accidents – If you were involved in an automobile accident while you were driving for a work-related purpose, you could pursue a third-party liability claim against the at-fault driver.
• Defective products – If a defective piece of equipment was the cause of your injury, you may be able to file a product liability claim against the equipment’s manufacturer.
• Negligent contractors – General contractors and subcontractors are responsible for maintaining safety on a construction site. If an individual other than your employer or a fellow employee caused an accident that injured you on the job, you could file a third-party claim against that party.
• Exposure to toxic substances – If your injuries were caused by substances with toxic properties, such as silica, benzene, chromium, or radium, you might be able to file a claim against the manufacturers or distributors of the substance.
• Injuries that occur on another party’s property – If your duties involve working on commercial or residential properties, you might be able to file a third-party claim if hazardous conditions on the property caused your accident-related injury.

Potential Compensation in a Third-Party Lawsuit

By filing a third-party lawsuit, you could demand compensation for both the monetary losses you’ve suffered as well as the more subjective personal losses stemming from the accident. These monetary losses may include:

You may also be able to demand compensation for subjective losses like:

An experienced workplace injury lawyer can help determine how much compensation you can seek for these kinds of losses.

Proving Third Party Fault

The most common way to establish liability through a third-party lawsuit is by using the concept of negligence. That involves proving that the other party had an obligation to prevent you from coming to harm but somehow failed in that obligation, causing you to be injured. However, if your claim is against a product manufacturer, you may only need to prove that the product had a defect that caused your injury.

An experienced third-party claims and work injury attorney can determine who was at fault for your injury and, consequently, who is liable for compensating you for your losses.

Can I Still Claim Workers’ Compensation Benefits?

If you decide to file a third-party lawsuit, you are still eligible to pursue a workers’ compensation claim as well. The third-party suit is distinct from the workers’ compensation benefits you receive. However, if you receive compensation for medical bills and lost income through a third-party lawsuit, you may need to reimburse your employer’s workers’ compensation provider for those benefits in a process known as subrogation.

Why You Need Our Portland Workplace Injury Attorney

The process of seeking compensation after a workplace accident is rarely straightforward. It requires considerable paperwork, tight deadlines, and an in-depth understanding of workplace injury law. Furthermore, the insurance adjusters for the at-fault party are likely to pressure you into accepting a settlement worth far less than what you require to close the case quickly.

Jodie Anne Phillips Polich, P.C., Is dedicated to educating injured workers and advocating for their rights. Jodie has an in-depth understanding of how workplace injury claims are evaluated and decided and extensive experience helping workers navigate this complex system. She is ready to do the same for you.

Contact Attorney Jodie Anne Phillips Polich Today

If you have suffered from an injury while on the job, contact the Law Office of Jodie Anne Phillips Polich, P.C. She can review your unique case and determine whether you have a valid third-party claim to demand the full amount of compensation you’re entitled to.

Call our offices or contact us online for a free consultation, and we will give you a frank and straightforward assessment of your legal options.