If you've suffered an on-the-job injury, you may not be stuck in the workers' compensation system. Therefore, you owe it to yourself to explore other possible ways to be compensated for your workplace injury.
Chad Stavley is an Oregon workplace injury attorney who has been helping injured Oregonians since 2007. He's passionate about helping people and their families recover after being injured in the workplace. He offers free consultations so that you can learn whether you have a personal injury claim outside the workers' compensation system.
Call (503) 546-8812 now for a free consultation from an experienced Oregon personal injury lawyer.
Understanding The Difference Between A Workers Compensation Claim And The Civil Justice System
Workers' compensation laws were enacted to give certain guaranteed benefits to workers during a time of industrialization in the United States. This is sometimes referred to as the "grand bargain" part of workers' compensations laws, including Oregon's workers' compensation law.
Unfortunately, with serious injury cases, the guaranteed benefits available through the workers' compensation system are often completely inadequate. Injured workers are often stuck in the workers' compensation system, but they are not always stuck.
Some workplace injuries allow a legal claim to be made just like any other personal injury claim. Claims not restricted to workers' compensation benefits are called third-party claims and include violations of Oregon's Employer Liability Law ("ELL").
Third-Party Claims For Injured Workers
Oregon workers generally gave up their right to sue their employer. They generally did not give up their right to sue third parties on a worksite. Many worksites have multiple companies working on the site. There are contractors and sub-contractors. It is crucial to explore the potential liability of non-employer parties. After a workplace accident, the injured worker is often pushed into the workers' compensation system, and nobody takes the time to explore potential third-party claims. You may even have an Oregon workers' compensation attorney already. But the attorney may not have explored your potential third-party claims or have experience with personal injury lawsuits.
For example, suppose an injured worker on a construction site was working for an electrical subcontractor, and the general contractor and a safety contractor were also working on the site. In that case, that injured worker may have a claim against one or both of those companies. If you've been injured on the job, you need to rule out the possibility of third-party claims before settling for the limited damages available through workers' compensation.
Oregon's Employer Liability Law
Oregon law is very protective of workers injured while performing dangerous work. Oregon has a good law that gives teeth to claims brought by injured workers in situations where they were involved in dangerous work, the non-employer and the employer were engaged in a common enterprise (working together), or the non-employer company had some control of or right to control the risk-producing activity or condition. In these situations, companies must use every device, care, and precaution practical for the safety of the workers regardless of the cost. That can become a very high burden for a non-employer third party to overcome.
Get A Free Consultation
Chad Stavley has represented injured Oregon workers in accidents related to electrical subcontractors, temp agencies, tire-retreading, and construction. If you were injured on the job, you might have valuable claims that need to be evaluated. Give us a call.
What To Expect From Your Free Consultation
First, Chad will want to know all of your workplace injury facts. He will ask questions about the workplace accident, any prior injuries, and whether you are currently receiving workers' compensation benefits. If you have workers compensation attorney, he will want to know about that law firm.
Chad will also want to know about the claims process as it relates to your workplace injury including the workers' compensation insurance company, accepted claims and denied claims.
Chad will want to know about your medical care and medical expenses. He will also want to know where you are getting medical treatment and if your medical appointments are ongoing. If your claim has been closed, Chad will want to know about the claim closure. Worker's compensation claims can have findings such as a permanent total disability, permanent partial disability, temporary partial disability, or temporary total disability.
Chad will also want to know about your hourly wages or average weekly wage to help calculate your lost wages.
Once Chad knows about your case, he will make sure you have plenty of time to ask questions you have so that we can determine together if your work-related injuries are compensable outside the Oregon workers' compensation system.
Mr. Stavley represented a Portland electrician who was injured when he came into contact with a live electrical line at work. The man suffered electrical burns to his hand which led to a finger amputation. Prior to hiring Mr. Stavley, the insurance adjuster made no offers.
I have an Oregon workers' compensation claim and want to see if can I get a free consultation to discuss a possible third-party claim, do you do that?
Yes. I am happy to talk about your workers' comp claim and whether there is a possible third-party claim.
If there is no third-party claim, can I still hire you to handle my workers' compensation claim?
No. I don't handle workers' compensation claims. I would refer you to a good Portland workers' compensation attorney.
You are in Portland, and my injury was elsewhere. Should I call you or an Oregon workplace injury attorney near me?
We represent injury victims throughout Oregon.
How do you get paid for a personal injury lawsuit?
We operate on a contingent fee basis. That means you don't pay us anything until we win your case, then we take a percentage of what we recover for you.
I was in an on-the-job car accident, and my medical bills are being paid through my workers' compensation benefits. Will I have to repay my workers' compensation insurer if I recover from a third party?
Most of the time, yes. We can discuss how workers' compensation insurance typically gets repaid and all of your options.
Do I lose my medical benefits if I make a third-party claim?
Reviews from Clients
Chad and his staff where great! I worked with Chad for almost three years through a personal injury case. From our first meeting till the very end I knew that he had my best interested in mind. He kept me informed through out the entire process and took the time to explain every step and matter of the case to me and in a way that I could understand as these cases can get confusing and overwhelming. Not only did he handle my case very well but he went above and beyond several times to do things that were not required or expected, to makes things better or easier for me. He is not just a great attorney but also just genuinely a good person. He is an advocate for his clients and empathetic to what one has just gone through during a traumatic injury. You could only benefit by having Chad by your side during a situation like this.
- Sam McCarville
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