Workplace Accident Lawyer in Portland, Oregon
A workplace injury can sideline your income and your future. Workers’ compensation provides important but limited benefits — it won’t fully cover lost earning capacity, and it pays nothing for pain and suffering. When someone other than your employer caused your injury, you may have a separate claim that recovers far more. That is the case most injured workers are never told about, and it is where I come in.
Workers’ comp vs. a third-party claim
In Oregon, workers’ compensation is generally the exclusive remedy against your direct employer — meaning you usually can’t sue your own employer for a workplace injury (ORS 656.018). But that bar does not extend to other negligent parties. A “third-party” claim is a separate lawsuit against someone else whose negligence contributed to your injury, such as:
- A general contractor or subcontractor on a job site
- A property owner who allowed an unsafe condition
- The manufacturer of a defective machine or tool (ORS 30.900)
- A negligent driver who hit you while you were working
- An equipment supplier, vendor, or maintenance company
Unlike workers’ comp, a third-party claim can recover your full lost earnings, pain and suffering, and other damages comp won’t pay.
Oregon’s Employer Liability Law and safety duties
Oregon’s Employer Liability Law imposes a heightened duty of care on those who control dangerous work involving risk, and its violation can support a claim against responsible parties on a job site (ORS 654.305). Oregon’s Safe Employment Act and Oregon OSHA safety standards set additional duties whose violation can be powerful evidence of negligence (ORS 654.001).
How serious workplace injuries happen
- Falls from scaffolding, ladders, and roofs
- Being struck by falling objects or equipment
- Crane, forklift, and heavy-machinery accidents
- Defective or unguarded machinery
- Electrocution and arc-flash injuries
- Vehicle and delivery accidents while on the job
Protect both claims — and the deadlines
A third-party lawsuit is separate from your workers’ comp claim, and the two must be coordinated so you don’t jeopardize your benefits. The general two-year deadline for injury claims applies to the third-party case (ORS 12.110), while workers’ comp has its own, much shorter reporting rules.
Recovering what comp leaves on the table
Most injured workers are never told they may have a third-party case. I investigate the entire site, identify every responsible party, retain the right experts, and pursue the full recovery workers’ compensation can’t provide — for workers across Portland and Oregon’s construction and industrial trades.
Frequently asked questions
I’m already getting workers’ comp. Can I still sue?
Often yes. Comp generally bars claims against your employer, but not against other negligent parties on the job site. Those claims can recover far more, including pain and suffering.
Who else might be responsible besides my employer?
General contractors, subcontractors, property owners, equipment manufacturers, and maintenance companies, among others. I investigate the whole site to find every responsible party.
Will a third-party claim affect my workers’ comp benefits?
A third-party case is separate from comp, but the two interact — including the comp insurer’s right to be repaid from a recovery. I coordinate them so you protect your benefits while pursuing full compensation.
How do I know if I have a third-party case?
If anyone other than your employer contributed to your injury, you may. A free review is the best way to find out.
There is no cost to find out where you stand. Find out what your case is worth or call (503) 379-9933.
What you can expect at my personal injury law firm
Personalized one-on-one Attention
Commitment to maximizing a claim
Proven trial advocacy & Results
Careful case preparation
Consistent updates on case progress
My goal is to maximize your compensation. This can include expenses for medical treatment, rehabilitation, pain and suffering, lost wages, and more. No matter how complex your injuries and claim, I am prepared to fight for you.
