Portland Industrial Accident Lawyer
Portland industrial accident attorney, Travis Mayor, knows how to strategically fight with insurance companies on your behalf because he used to defend claims on their behalf. This experience is unique – he has an insider’s view of the tactics and trial strategies used by the insurance industry to defend claims and minimize payout to injured victims.
Now, as a Portland industrial accident lawyer fighting on behalf of injured victims, he utilizes this knowledge to effectively navigate injury claims, and help you recoup the maximum amount of compensation.
A trusted resource in the Portland community, Travis has received over 50 personal endorsements and 5-star reviews from former clients and peers. Ask any one of them and they will tell you Travis is not afraid to push the limits or take a case to trial if that is what is needed to achieve justice and maximize your recovery. This means he will advance ALL costs associated with pursuing your case and assume control of ALL the details so you can focus on healing.
Travis is ready to learn more about your situation and help determine what your construction accident injury claim is worth. Call today for your free and confidential case evaluation: (503) 444-2825 or 1 (800) 949-1481. You can also email Travis directly.
Industrial Accident Frequently Asked Questions
- I’m currently collecting workers’ compensation insurance as a result of a workplace injury – does this mean I can’t file a personal injury claim?
- I have been seriously injured on-the-job and now I found out my employer allowed the company’s workers’ compensation insurance to expire – what can I do?
- I’ve been recently diagnosed with mesothelioma due to exposure to asbestos – how long do I have to file a claim?>
Oregon Industrial and Construction Accidents
When most people think about industrial accidents they think of the headline-grabbing national stories like the Texas City BP Refinery Explosion in 2005, where a fire and explosion killed 15 workers and injured more than 170 others. BP was charged with violating federal laws, and has been subject to lawsuits from the victims’ families.
While major disasters like the BP Refinery explosion are almost non-existent in Oregon, we have our share of industrial accidents that occur more frequently than most people realize. According to Oregon OSHA and the US Bureau of Labor Statistics, Oregon 2011 workplace accidents amounted to 49,400 non-fatal occupational injuries and 58 fatal injuries. Many of these accidents stem from causes familiar to us all – motor vehicle crashes, falls, electrocution, exposure to chemicals and poisons, contact with machinery and unsafe manufacturing processes.
Oregon Workers’ Compensation Insurance for Industrial Accidents
To care for workers who have been injured in the workplace, Oregon has a Worker’s Compensation Insurance program that provides payments for medical treatment, lost wages, and disability if you are injured while on-the-job. For covered injuries, workers receive quick medical and disability payments without the need to prove employer negligence in a court of law. For these benefits, workers agree not to pursue further legal action against the employer – referred to as the exclusive remedy provision of Oregon’s workers’ compensation statute. Injured employees often incorrectly conclude that this statute precludes them from any further recourse to seek fair and just compensation for their injuries even when a third party (not the employer) bears some responsibility for the accident. For example, third-party equipment manufacturers are required by law, to design equipment with adequate safety features and guards to prevent misuse, improper operation, and unsafe conditions.
Accidents where the fault lies not with you or your employer, but with a third party, where they have provided defective equipment, improper installation or maintenance, or an unsafe operating environment, are situations where you need to seek the advice of an experienced Portland industrial accident attorney.
Mayor Law Handles All Types of Industrial Accidents
There are many instances where you may be able to recover money damages, even if you are excluded from recovering from your employer by Oregon workers’ compensation laws. For example, if you were injured by:
- Defective product such as a machine or manufacturing process
- Exposure to a toxic substance
- Employer’s intentional or egregious conduct
- Employer’s failure to carry workers’ compensation insurance
- Actions of a third party (not you or your employer)
If You Were Injured While Using a Defective Machine, Equipment, or Manufacturing Process …
If your injury was the result of an unsafe design, improper installation, defective product or unsafe operating procedures, then the manufacturer of the equipment may be held liable for your injuries. There are numerous examples of instances where designers of complex machines and industrial processes do not adequately address the integrity of the control systems. One study analyzed 700 industrial machine accidents and concluded that serious accidents were more likely to be caused by improper functioning of the machine control system than any other cause. Further analysis of these accident causes attributed a “lack of basic safety functions is the most common cause (58%)”, and “the failure of a safety-related element in the control system … account[ed] for 26% of all accidents.”
In these complex situations, you need to review your case with an experienced Portland industrial accident lawyer who can guide you through the law and help you reach a settlement to recover the damages that workers’ compensation insurance can not provide.
If You Were Injured By a Toxic Substance …
Many toxic chemicals used in the workplace are known to cause illness, injury, and even death. Some toxic substances cause immediate injury such as poisoning, asphyxiation, and chemical burns, while other effects may not appear for years and can result in long-term cancer and lung damage. An example of long term injuries is exposure to lead and asbestos. In particular, workers who suffer from asbestosis or mesothelioma are very successful in obtaining settlements covering medical expenses. Other toxic substances where causation links are well established include benzene, chromium compounds, silica, and radium. Employers, manufacturers of the toxic substance and manufacturers of safety or handling equipment that proved to be ineffective in protecting the worker from exposure, may be liable for your injuries.
Due to the complex nature of these cases, you need to review your case with an experienced Portland industrial accident attorney who knows toxic substance laws and the potential of recovering a settlement for your injuries, even if you have received workers’ compensation.
If Your Employer Fails to Carry Workers’ Compensation Insurance and You are Injured …
If your employer fails to maintain workers’ compensation insurance then you have the right to sue your employer to recover expenses associated with your injuries. In general, this may be problematic because you must: a) sue your employer who may be financially unable to maintain workers’ compensation insurance, and b) you must demonstrate that your employer caused your injuries.
If You Were Injured Through the Actions of a Third Party …
A recent California accident illustrates third-party liability, wherein a delivery truck driver backed-up to a loading dock without checking to see if workers were in the way. The third party delivery driver had a history of alcohol and drug abuse, and a history of operating heavy machinery while under the influence of drugs and alcohol, and was allegedly intoxicated at the time of the accident. Videotape confirmed that the driver did not check for workers before backing up. These actions resulted in the death of the 21-year old dock worker, and the subsequent filing of a personal injury wrongful death lawsuit.
GETTING RESULTS FOR INJURED VICTIMS
At Mayor Law, LLC it is our goal to help the victims of construction accidents achieve justice and restore their lives by reducing the hassles and inconvenience of pursuing a legal settlement. Portland attorney Travis Mayor will build your case to maximize your financial compensation. Travis Mayor has recovered millions of dollars for his car accident clients. For every client, Travis offers personal service with proven results.
Please review our clients’ personal accounts of working with attorney Travis Mayor: Google+, Yelp, and AVVO pages.
ARTICLES OF INTEREST – MAYOR LAW BLOG
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 International Journal of Occupational Safety and Ergonomics (JOSE) 2004, Vol. 10, No. 2, 129–136, An Analysis of Accidents Caused by Improper Functioning of Machine Control Systems.