Oregon Workplace Injury and Industrial Accidents FAQs
I’m currently collecting workers’ compensation insurance as a result of an Oregon workplace injury – does this mean I can’t file a personal injury claim?
Answer: When you accept workers’ compensation benefits, as the result of an Oregon workplace injury, you agree not to pursue further legal action against your employer – referred to as the exclusive remedy provision of Oregon’s workers’ compensation statute. However, this does not prevent you from filing a personal injury claim against a third party (i.e. not your employer) if your injuries resulted from the actions of a third party such as the manufacturer of a defective machine, the supplier of defective toxic chemicals, or the employee of another employer or contractor. The quickest way to determine if you have cause to bring a personal injury claim against a third party is to review your case with an experienced Portland Industrial Accident Lawyer.
I have been seriously injured in an Oregon workplace injury, and now I found out my employer allowed the company’s workers’ compensation insurance to expire – what can I do?
Answer: Oregon law requires Oregon employers to purchase and maintain workers’ compensation insurance coverage. If the employer fails to do this then the employer will be fined a civil penalty and pay any Oregon workplace injury-related costs associated with an on-the-job injury. These costs include all medical expenses, lost wages, administration and litigation expenses. Penalties for the first offense are 2 times the insurance premium or $1,000, whichever is greater, and for repeat offenses, the penalties are $250 per day for each day out of compliance. Also, under Oregon law, corporate directors and officers and limited liability company members and managers are personally liable for penalties and claim expenses, and bankruptcy proceedings cannot protect employers from paying penalties. If your employer fails to maintain workers’ compensation insurance, then you need to contact an experienced Portland Industrial Accident Attorney to obtain the legal representation needed to secure your rights.
I’ve been recently diagnosed with mesothelioma due to exposure to asbestos – how long do I have to file a claim?
Answer: Mesothelioma tends to develop 10 to 40 years after exposure to asbestos. Oregon law (ORS 30.907) limits the amount of time you have in which to file a claim to less than 2 years from the date you discovered the disease. This time limitation is increased to 3 years if the exposed person is deceased. Because each person’s medical history and prognosis is different, you are not permitted to join in class action lawsuits and must file an individual lawsuit. To determine if you have an Oregon workplace injury case related to asbestos exposure you need to contact an experienced Portland Industrial Accident Attorney.