Eugene Workplace Accident Lawyer

Any type of industrial workplace accident will result in catastrophic injuries and in some cases, even wrongful death.

• Explosions and burn accidents
• Toxic chemical and substance accidents
• Defective equipment/product accidents
• Electrocutions
• Falls from heights (beams, scaffolding, ladders)
• Falls in holes
• Severe injuries such as paraplegic or quadriplegic injuries and brain injuries
• Wrongful death and fatalities

In any number of these cases you will need an experienced Eugene personal injury lawyer to help you with your workers compensation claims and to gain the compensation that you deserve!

Most employers in Oregon are required to carry workers’ compensation insurance that protects themselves and their employees in the event of a workplace accident. The biggest benefit of workers’ compensation insurance, of course, is that it can cover your medical expenses and a portion of your lost income if your injuries are so serious you cannot return to work right away. The other benefit of workers’ compensation is that you can claim benefits right away. You should receive benefits within 14 days from the date the insurer receives authorization from your doctor.

Workers’ compensation is also a no-fault system, meaning that even if you caused or contributed to the accident, you can still claim benefits. This can allow you to claim benefits much faster than when using other means, such as when filing a personal injury claim.

• You have a claim against the manufacturer of a toxic substance after being exposed to it due to the manufacturer’s failure to warn of the hazard
• You were hurt while using a piece of heavy machinery that was defective and so, can file a claim against the manufacturer to claim damages
• There was a dangerous condition on the premises the property owner should have known about but did not correct

Filing a third party claim against a negligent party is vastly different from filing am Oregon workers’ compensation claim. A third party claim is a personal injury case and so, you must prove the other party was negligent. You must also show that the other party’s negligence caused the accident that resulted in your injuries. Proving these elements of a case is not easy but if you are successful, you can claim damages that are not available in personal injury cases, such as pain and suffering.

The safety requirement stipulated by the Employer Liability Law places a heavier duty on third party employers than the ordinary standard of negligence. The law also gives you the right as an employee to show any evidence that the employer had fixed the dangerous condition that caused your injury after the accident occurred. This important evidence can show that while it was possible for the employer to take other measures to protect life and limb, they did not.

You must also prove certain elements of your case when filing a claim under the Employer Liability Law. You must prove the third party employer was in business with your employer, and that they had control, or had the right to control, the manner in which you worked.