Key Takeaways
- Oregon’s Employer Liability Law gives workers added protection when a contractor, subcontractor or other non-employer causes a workplace injury.
- Oregon Revised Statute 654.305 says those in charge of potentially dangerous work should use all available resources to make it safer.
- A claim requires that the employers worked together, the work posed danger, and the other employer had a duty to care for employee safety.
- Unlike workers’ compensation, an ELL claim is fault-based, so the worker must show the other employer was responsible for the injuries.
- An ELL claim may cover medical care, missed pay and some ongoing supplemental pay for decreased ability.
Not all jobs provide safe working environments. Some workplace dangers are present just by the nature of the work, and some are due to a lack of legally required precautions. Everyone deserves to work in a reasonably safe workplace, and with the Employer Liability Law, many injured workers have recourse when employers fail in this duty. At Paulson Coletti Trial Attorneys, our Portland employer liability lawyer is experienced in the nuance of ELL claims compared to more standard workers’ compensation claims.
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What is the Employer Liability Law?
Employer liability law provides additional protection to workers when a contractor, subcontractor, or other individual who is not their employer causes a workplace injury. If the person who caused your injury is not an employee of your employer, you may be unable to file a claim through workers’ compensation. Oregon Revised Statute 654.305 states that those in charge of work that may be dangerous should use all available resources to make the work safer for those working and the general public. This allows workers to claim compensation from an employer otherwise involved in their work but not their direct employer.
“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.”
Exclusions
Employer Liability Law claims may cover accidents caused by contractors, but they are only available to company employees. This can be a source of confusion if employers misclassify employees as contractors to avoid costs and responsibilities associated with employees.
Your claim may also be ineligible for ELL if your employer is considered liable for the negligence causing your injury and they have workers’ compensation insurance. Workers’ compensation is the only recourse for workplace injuries caused by your workplace.
Filing an Employer Liability Law Claim
The situation must meet specific requirements to file a claim under the employer liability law. If you are unsure whether you qualify, you may want to speak with a Portland workplace injury attorney to determine your eligibility for a claim under the ELL.
- Your employer and the employer who caused the injury were working together in some capacity
- The work posed some kind of danger to workers or the public
- You are the employee of the employer who did not cause the accident
- The other employer had a duty to care for the safety of employees
Additionally, this type of claim may be used in lieu of workers’ compensation against non-compliant employers in the requirement to hold a workers comp policy.
“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.”
One of the primary procedural differences between this type of claim and a worker’s compensation claim is that this is fault-based. For workers’ compensation, you must show that you were injured on the job. Whether your employer is responsible is irrelevant to receiving your benefits. However, you must show that the other employer was responsible for your injuries to make an ELL claim successfully.
Payment of an Employer Liability Law Claim
The party responsible for paying an employer liability law claim can be complicated. Sometimes, an employer may have additional insurance coverage under their workers’ compensation claim, covering costs and settlements related to employer negligence. However, this may become more complicated in situations where your employer does not have workers’ compensation insurance and, presumably, lacks this additional coverage.
Some of what a claim like this may cover can include:
- Medical care
- Missed pay
- Some ongoing supplemental pay for decreased ability
The available compensation for a claim like this can be complex. If you are uncertain about whether to make an ELL claim or if it should go through workers’ compensation, you may benefit from speaking with an attorney.