Portland Employer Liability Law Attorney

In the state of Oregon, employees should be aware of legal options. Under Oregon law, employers are required to provide safe working conditions for their employees. If this obligation is not met, workers may have the right to take legal action beyond workers’ compensation. This is referred to as the Employer Liability Law in Oregon. At Paulson Coletti Trial Attorneys PC, our Portland Employer Liability Law attorneys are well-informed when it comes to these cases and we know what must be done to help you move forward.

Do You Have a Portland Personal Injury Case? Contact Us Today

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What Are My Options as an Injured Worker in Oregon?

When injured by a general contractor, subcontractor or another person who is not your direct employer, Oregon’s Employer Liability Law and Safe Employment Act give you, as an injured worker, rights beyond just workers’ compensation.

What’s the Difference Between Filing a Claim Under the Employer Liability Law and Workers’ Compensation?

Claims filed under the Employer Liability Law are made as an alternative to workers’ compensation such as in situations when the injured worker works for a non-complying employer or when the accident is caused by an employee of another employer.

A claim under the Employer Liability Law must show that:

• You were working under a situation where your employer and the employer who caused the injury were engaged in a common enterprise
• The work posed a threat to the employee or to the public
• You were an employee of the other employer in intermingled work
• The other employer had the duty to care for the safety of the employee

At Paulson Coletti, “liberty and justice for all” is more than just a phrase – it is our mandate. Our team of trial lawyers is driven to pursue justice for the injured, ensuring that the responsible parties are held accountable. With a high success rate both in and out of the courtroom, you can trust our Oregon personal injury lawyers to be the legal advocates you need so your voice can be heard.

Jane Paulson

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3 Situations Where an ELL Claim Can Arise

1. Common enterprise liability. This type of liability arises when multiple employers collaborate on a shared project, and an employee is injured due to their collective activities. For example, consider a construction site where subcontractors and general contractors work side by side. If an employee of the subcontractor suffers an injury because the general contractor failed to secure the site properly, the general contractor might bear responsibility under Oregon’s Employer Liability Law (ELL). Such cases often involve complex interactions among various parties, requiring detailed investigations to determine accountability.
2. Actual control liability. An employer that exercises significant control over how specific tasks are performed can be held liable if those directives lead to injury. For instance, if a company directs a worker to use certain unsafe methods or equipment, and that guidance causes harm, the employer could face liability under ELL. This principle emphasizes the employer’s duty to provide not only oversight but also safe and reasonable instructions for carrying out work.
3. Negligence in providing a safe workplace. Employers must create and maintain a safe working environment for their employees. Failure to do so, whether through poorly maintained equipment, inadequate safety measures, or other hazards, can result in liability under ELL. For example, if an employer fails to repair faulty machinery, and an employee is injured as a result, the employer could be held accountable. These claims underscore the critical importance of routine inspections and adherence to safety protocols.

“Most cases settle, but each of our cases is prepared as if it’s going to trial. The insurance companies know it and so do the defense lawyers defending them. That’s why we get such great results for our clients.”

John Coletti

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Who Cannot Make an ELL Claim?

Independent contractors are typically excluded from filing ELL claims because their classification means they do not enjoy the same legal protections as employees. The distinction often boils down to the degree of control exercised by the hiring entity. For example, an independent contractor, such as a plumber who owns their tools and determines their schedule, does not operate under the control required to be considered an employee under ELL. Conversely, a worker who follows a strict employer-mandated schedule and uses tools provided by the employer may qualify as an employee, making them eligible to pursue ELL claims.

Statute of Limitations for ELL Claims

In Oregon, the statute of limitations for ELL claims is generally two years from the date of injury. This deadline requires strict adherence, as missing it can permanently bar a claim. ELL claims differ from standard workers’ compensation claims by potentially offering broader remedies. Unlike workers’ comp, which limits benefits to medical expenses and lost wages, ELL claims may allow compensation for pain, suffering, and emotional distress. Understanding the distinction and timing is crucial for injured workers in Oregon seeking justice and full restitution.

Steps to Take if Considering an ELL Claim

1. Seek medical attention. Immediate medical care not only ensures proper treatment but also provides essential documentation of the injury.
2. Report the injury. Notify your employer promptly to create a record of the incident. Delayed reporting can weaken a case.
3. Consult an attorney. ELL claims involve nuanced legal principles, and experienced legal counsel can guide you through the process effectively.

Navigating the complexities of Oregon’s Employer Liability Law can be daunting. Understanding the claim process, eligibility, and potential remedies equips injured workers with the knowledge to make informed decisions about their rights. Our Portland Employer Liability Law attorney can help maximize the chances of a favorable outcome.

Talk to Our Law Firm Today at No Cost

Our injury law firm in Portland has represented workers injured in industries such as:

• Construction
• Maritime/Fishing/Crabbing
• Welding
• Agriculture
• Railroad
• Manufacturing
• Forestry/Logging
• Transportation / Warehouse
• Heavy Machinery Operation

If you have questions about what to do after an injury, or if you would like to speak with one of our lawyers about your situation and how Oregon’s Employer Liability Law affects you, we encourage you to contact Paulson Coletti Trial Attorneys PC as soon as possible.

Paulson Coletti

Trial Attorneys PC

At Paulson Coletti, a local firm based in Oregon, justice is our mission. As experienced trial attorneys, we fight for injury victims across Oregon and Washington, holding negligent parties accountable. With a proven track record in and out of the courtroom, we are dedicated to securing fair compensation for our clients. We take a client-centered approach, focusing on cases we believe in and delivering results that matter. No fees unless we win-because justice should never come with financial risk.

Click for a free case evaluation Call Today at (503) 226-6361

Client Reviews

What Our Clients Are Saying About Us

Brandon Ferguson

John and Lisa were extremely helpful with my family as we navigated damages sustained in a tragic car accident. They were very knowledgeable throughout the entire process. Their communication and empathy to our situation was greatly appreciated.

I can’t imagine working our way through the tragedy without them by our side. I would highly recommend Paulson and Coletti!

Michelle H

Working with John was an excellent experience from start to finish. He fought long and hard to secure a fair and just settlement in our case, and his dedication never wavered. John and his staff were consistently considerate, helpful, and communicative throughout the entire process, always taking the time to answer our questions and keep us informed. Given the complicated and sensitive nature of our case, I’m truly grateful we had John in our corner. Thanks to his hard work and expertise, we achieved a better outcome than we could have hoped for.

Hugh Leonard

I had an excellent experience working with Jane and her team on my accident case. From start to finish, their team was professional, responsive, and genuinely cared about getting the best possible outcome for me.

I highly recommend Paulson Coletti Trial Attorneys to anyone who needs legal representation. They made a stressful situation much easier to navigate, and I’m extremely grateful for everything they did for me.

Jennifer Little

I recently engaged John Coletti to represent me in a challenging legal matter, and I cannot recommend him highly enough. From our initial consultation, it was evident that John possessed an exceptional depth of knowledge, strategic acumen, and unwavering dedication to his clients. He took the time to thoroughly understand the nuances of our case, explaining complex legal concepts in clear, accessible terms while always keeping me informed and involved throughout the process.

John not only delivered outstanding results but also provided compassionate support during what could have been an overwhelming stressful time.

If you’re seeking an attorney who combines professionalism, integrity, and proven success, look no further than John Coletti.
My family is profoundly grateful for his representation.

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