Portland Workplace Injury Lawyer
Given how much time most of us spend at work, it should come as no surprise that workplace injuries are quite common in the Portland area. While some on-the-job accidents only result in minor injuries, many more require medical treatment and require a person to take off from work. So what are your options for seeking compensation in that situation?
Most Oregon employees are protected by workers’ compensation insurance. But there are scenarios where you may be able to sue your employer or a third party for losses arising from your injuries. Our experienced Portland workplace injury lawyers can help. At Rosenbaum Law Group, PC, we represent workers who have suffered a serious injury at work and need to know more about their rights under Oregon law.
Workers’ Compensation vs. Third Party Liability in Oregon
Workers’ compensation is a state-mandated form of insurance that most Oregon employers are required to carry. Basically, if a business has at least one full- or part-time employee, they must either carry workers’ compensation insurance or “self-insure.”
If you do sustain a workplace injury, you need to notify your employer as soon as possible to preserve your right to seek workers’ compensation benefits. Once your employer is informed of your injury, it must notify its own workers’ compensation insurance carrier within 5 days.
You should also seek medical treatment for a workplace injury without delay. Under Oregon law, your employer cannot direct your care. In other words, you can choose your own doctor or medical facility even under workers’ compensation. If you are part of a managed care organization, you can still pick your doctor within that organization.
Workers’ compensation requires your employer and their insurer to pay for all of your workplace injury-related medical care. If you are forced to miss time from work you may also receive certain wage replacement benefits, which is based on a percentage of your pre-accident average weekly wages. In more serious cases, such as those where an injury leads to a permanent disability or impairment, you are entitled to receive additional benefits as provided by law.
Workers’ compensation generally prevents you from suing your employer directly in court, even if its negligence caused your injury. But you may still be able to file a personal injury lawsuit against a third party, including another employer who was working at your job site but did not directly employ you. For example, if you work as a subcontractor and your injury was caused by the general contractor or another subcontractor, you could seek additional compensation from them by taking legal action outside of workers’ compensation.
Contact Rosenbaum Law Group Today
Workplace injuries often leave victims uncertain about their physical and fiscal situation. The Rosenbaum Law Group, PC does not handle workers compensation claims, but we work side by side with excellent workers compensation attorneys when pursuing separate civil claims. If your employer was reckless or your workplace injury was caused by someone other than your employer, we can help take some of the burden off of you by dealing with the legal fallout from your accident. So if you need to speak with an experienced Portland workplace injury attorney, contact Rosenbaum Law Group, PC, today to schedule a free consultation.