For Oregon workers injured on the job, securing the compensation they deserve
can be a confusing and convoluted process. Our attorneys break down Oregon’s
employer liability law.
What’s the difference between workers’ compensation and employer
Workers’ compensation is a type of insurance that your employer carries
to protect them against liability in the event that you or any other employee
is injured on the job. Any injured employee who qualifies and files a
prompt claim can recover compensation through workers’ comp insurance.
Employer liability is different because it is filed against a party other
than your employer. This is why employer liability law usually applies
to independent contractors.
Do qualifying employees all have to work in a hazardous occupation?
According to Oregon Revised Statutes 654.305, employer liability law applies
to individuals or entities who are in charge of workers engaged in a hazardous
occupation. 654.310 goes on to say that compliance with workplace safety
regulations applies to those engaged in “construction-type fields.”
Who can I file an employer liability claim against?
According to the Oregon Revised Statutes Chapter 654, employees injured
on the job may be able to file these types of claims against a person
or company if they:
- Were in charge of the employee’s work
- Were responsible for dictating how that work was performed
- Was engaged in a common enterprise with the injured party’s actual employer
How does Oregon define a “common enterprise”?
In Oregon, a “common enterprise” is defined as an arrangement
between two parties/businesses who have joined together in order to accomplish
a singular goal. In order for an arrangement to be considered a common
enterprise, a formal designated relationship does not have to exist (on
paper). It can be implied.
Can I file an employer liability claim if my spouse was killed on the job?
If your spouse met all the qualifications under employer liability law,
and they were killed while performing their job duties, then family members
may be able to file this type of claim to recover compensation. Parties
that can file this type of claim include spouses, children, and other
heirs or family members if the worker had no spouse or children.
How do I know if I can file this type of claim?
The best way to find out if you can file this type of claim is by contacting
an attorney experienced in these matters. Paulson Coletti’s attorneys
have handled many
work injury cases including claims that fall under Oregon’s employer liability law.
Call us at (503) 433-3524 or fill out a
free online consultation form.