Key Takeaways
- Workplace injuries are covered by workers’ compensation, and an employee who accepts it no longer has the right to sue their employer for damages.
- Injured workers may also have claims against other entities that were in charge of their work or shared a common enterprise with their employer.
- Claims may also be brought against third parties such as product manufacturers, for example a scaffolding manufacturer when faulty scaffolding harms a worker.
- Most Portland injury claims are subject to the state’s statute of limitations, which requires filing within two years of the accident.
- Oregon’s Employer Liability Law requires anyone in charge of an employee in a hazardous occupation to take every measure to protect life and limb.
Injuries at the workplace are covered by workers’ compensation insurance. By accepting workers’ compensation, an employee no longer has the right to sue their employer for damages. But in some cases, there are opportunities for additional claims and financial recovery. The Portland workplace injury lawyers at Paulson Coletti Trial Attorneys PC represent employees in claims against entities other than the individual’s employer if the defendant:
- Was in charge of the employee’s work
- Had a right to dictate how that employee performed his or her work
- Was engaged in working on a “common enterprise” with the plaintiff’s employer
Contact Our Portland Construction Accident Lawyer
We also represent hurt workers in claims against other third parties such as product manufacturers. For example, if a worker suffers harm at their place of employment because of faulty scaffolding, a Portland construction injury claim could be filed against the scaffolding manufacturer. Recent results achieved include:
- Confidential settlement for young father killed when subcontractors created a dangerous condition at construction site.
- Gamalski v. Winco, Inc. – $7M verdict for a man who fell to his death while suspended from a helicopter fixing electrical lines.
- Rosendale McMackin v. UPRR – $1.795 million dollar verdict for 49-year-old suffered lumbar strain and shoulder injury while working aboard a railcar that experienced a severe jolt as a result of defective brakes.
To see if you qualify, we invite you to contact Paulson Coletti Trial Attorneys PC today for a free review of your case.
“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. Whether your case settles or goes to trial, you can trust our Oregon personal injury lawyers to be the legal advocates you need so your voice can be heard.”
Short Summary
- Dealing with the aftermath of a workplace injury can be exhausting and stressful. Our legal team works diligently on your behalf to handle every aspect of your case, so you can focus all of your energy on recovering from your injuries.
- Litigating a workplace injury case is challenging. Your attorney will gather valuable evidence, secure expert witnesses testimony, consult with medical professionals, and negotiate with the insurance company to seek the best possible outcome in your case.
- Your timeline to file a claim may be limited. Most Portland injury claims are subject to the state’s statute of limitations, which requires a case to be filed within two years of the victim’s accident.
If you drive for work, learn your options after being injured in a work-related car accident.
Understanding Employer Liability in Portland
Oregon’s Employer Liability Law is contained in Chapter 654 of the statutes, the chapter dedicated to occupational safety and health. Below are some of the requirements of this law –
- § 654.305 – Anyone in charge of or responsible for an employee in a hazardous occupation must take every measure for “protection and safety of life and limb.”
- § 654.310 – Compliance with workplace safety orders applies to businesses/subcontractors engaged in construction-type fields, including heavy machinery and electrical.
- § 654.315 – Employers are required to ensure that all health and safety regulations are upheld.
- § 654.320 – When it comes to lawsuits for damages, the person determined to have been in control of the construction or related work is considered the “agent of employer.”
- § 654.325 – In loss of life cases resulting from a violation of 654.305 or 654.336, the parties that can sue for damages include the surviving spouse and children. If none, then the employee’s heirs may file. If the employee had no heirs, then the employee’s mother and father have the right to file a wrongful death lawsuit in Portland.
“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.”
Contacting Our Portland Workplace Injury Lawyers
If you were harmed at the workplace, we invite you to contact our team of Portland personal injury attorneys at Paulson Coletti Trial Attorneys PC. We have been voted one of the “Best Law Firms” by U.S. News and have recovered millions of dollars in verdicts and settlements on behalf of our clients. There is no fee unless we win your case, so contact us today to learn more about how we can help you.