Portland Construction Accident Attorney
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As a construction worker, you understand better than most just how risky a construction site and construction equipment can be, which is why you work with the utmost precaution, follow all safety protocols, and take proper safety measures when needed. However, accidents can occur despite your concerted efforts to avoid them.
Johnston Law Firm has been serving clients in Portland and throughout Oregon for over two decades. Our attorneys can help you understand your legal options, gather evidence supporting your case, and pursue the compensation available for your injuries and losses. If you were injured on a construction site, call Johnston Law Firm at 503-546-3167 or contact us online for a free consultation with a Portland construction accident lawyer.
Industrial Accident Cases
How Our Portland Attorneys Can Help With Your Construction Accident Claim
Construction accidents can leave injured workers dealing with medical treatment, time away from work, insurance paperwork, and questions about who may be responsible. At Johnston Law Firm, we help injured construction workers in Portland understand their legal options and determine the appropriate path toward compensation.
Depending on how your accident occurred, your case may involve workers’ compensation, a third-party claim, or both. Our attorneys can help you by:
- Investigating the construction accident and identifying how the injury occurred.
- Gathering photographs, reports, medical records, and other evidence supporting your claim.
- Identifying contractors, equipment companies, property owners, or other potentially liable parties.
- Reviewing available workers’ compensation benefits and potential third-party claims.
- Documenting your injuries, treatment needs, lost income, and other losses.
- Communicating with insurers and other parties involved in your construction injury claim.
- Working with qualified experts when technical evidence can help establish liability.
- Preparing your case for litigation when a reasonable resolution cannot be reached.
Common Causes of Construction Accidents
According to data from the U.S. Bureau of Labor Statistics (BLS) and the Occupational Safety and Health Administration (OSHA), 5,070 workers were killed on the job in 2024 alone. That averages out to more than 97 deaths per week, or one worker dying from a work-related injury every 104 minutes. A significant 20.4 percent of those deaths (1,032 fatalities) occurred within the construction and extraction industry. A leading driver of these workplace fatalities remains what OSHA deems the “Fatal Four” (or “Focus Four”) hazards: falls, electrocution, struck-by object, and caught-in/between — with fatal falls, slips, and trips alone accounting for roughly 35.9 percent (370 deaths) of the total construction-related fatalities.
On a local level, data from the U.S. Bureau of Labor Statistics (BLS) indicates that Oregon recorded 52 fatal work injuries in 2024. While this represents a 3.7 percent decrease from the 54 workplace deaths documented statewide the previous year, certain sectors remain highly dangerous. In particular, transportation-related incidents and hazards within construction zones — such as the recent surge to 14 work-zone crash fatalities reported by the Oregon Department of Transportation — continue to make up a substantial portion of the state’s fatal occupational injuries.
In addition to the Fatal Four, the following factors also pose a major risk to workers in the construction industry:
- Unsafe working conditions that lead to slips and falls;
- Stairwells that are installed incorrectly, or that do not have handrails;
- Stepladders, which can tip over or collapse;
- Falls from roofs when no lifelines or fall protection are utilized;
- Failure to adhere to safety regulations when using scaffolding;
- Trenches and excavation walls that collapse when installed incorrectly;
- Power tool accidents, especially when eye and ear protection are not used;
- Improperly lifting heavy objects, leading to back and leg injuries;
- Dump trucks, forklifts, and other construction equipment.
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What To Do in the Event of a Construction Accident Injury
If you have been injured in a construction accident, you have the right to file a workers’ compensation or personal injury claim which, if successful, can help you cover the cost of medical expenses, lost wages, pain and suffering, and any other expenses that you may incur as a result of your injuries.
Unfortunately, it can be difficult to file a successful workers compensation claim in Portland, or to receive the full amount of damages that you filed for. At Johnston Law Firm, P.C., we recommend contacting a Portland personal injury attorney right away, as an experienced lawyer can help you navigate workers compensation laws, file the proper paperwork, and ensure that your case is handled in the most professional and effective manner possible.
After contacting an experienced construction accident lawyer, we recommend doing the following:
- Get Independent Medical Attention. In the event of a construction accident injury, your employer will likely offer you immediate, on-site medical attention. While you should accept the proffered care, you should not rely on the on-site medical expert’s diagnosis of your injury to be enough for your claim. An on-site medical expert likely has the best interests of the company in mind, so it would be in your best interest to seek the opinion of an independent, objective physician regarding your condition. Both medical evaluations should be admitted as evidence.
- Ask for copies of all documentation regarding your injury claim and your medical records. There is a lot of paperwork involved in filing a workers compensation claim, including your medical records. In order for a construction accident attorney to assist you with your workers compensation claim, they will need access to all of the documentation and medical records so that they may build a successful case in your favor. Be sure to retain copies of everything so that you can give it to your attorney when the time calls for it.
- Do not sign anything without consulting with your lawyer first. Many employers who face a workers’ compensation claim try to get the injured employee to sign a number of documents at once in the hopes that the employee does not read every single one of them. Do not do this. Hidden in that stack of papers could be a waiver protecting your employer from liability, or a statement that places responsibility solely on you. Do not sign anything until you and your lawyer have reviewed each document in detail.
Compensation Available for Portland Construction Accidents
The compensation available after a Portland construction accident depends on how you were injured, your employment status, and whether someone other than your employer contributed to the accident. Different sources of recovery may apply.
Economic and Non-Economic Damages
In a third-party personal injury case, compensation may address both measurable financial losses and the personal consequences of a serious construction injury.
Economic damages may include:
- Past and future medical expenses
- Lost wages and employment benefits
- Reduced future earning capacity
- Rehabilitation and therapy expenses
- Other accident-related out-of-pocket costs
Non-economic damages may include:
- Physical pain and suffering
- Emotional distress
- Permanent disability or disfigurement
- Loss of enjoyment of life
Oregon generally allows an injured worker to pursue a remedy against a negligent third party who is not in the same employ under ORS 656.154.
Workers’ Compensation and Third-Party Claims
Workers’ compensation may provide benefits for compensable workplace injuries regardless of whether another party was negligent. Under ORS 656.018, workers’ compensation is generally the exclusive remedy against a complying employer for injuries arising out of and in the course of employment.
Construction sites, however, frequently involve multiple companies. If a subcontractor, equipment manufacturer, property owner, or another qualifying third party contributed to an accident, a separate third-party claim may be possible under Oregon law. These claims can potentially provide compensation for losses that are not addressed in the same manner through workers’ compensation.
Frequently Asked Questions About Portland Construction Accident Claims
Consider speaking with an attorney as soon as reasonably possible after receiving necessary medical care. Construction sites can change quickly, equipment may be moved or repaired, and witnesses can become difficult to locate. Early investigation may therefore help preserve important evidence and clarify whether you have rights beyond workers’ compensation.
Prompt legal advice can also help determine whether a negligent third party may bear responsibility for your injuries.
Under ORS 12.110, personal injury actions in Oregon generally must be commenced within two years. Different deadlines or exceptions may apply depending on the circumstances, making it important to determine the applicable limitation period promptly.
There is no standard timeline. Some construction injury claims may resolve within several months, while complicated cases can take a year or longer, particularly when liability is disputed, multiple companies are involved, injuries are severe, or litigation becomes necessary.
Being partly responsible does not necessarily prevent you from recovering compensation through a third-party personal injury claim. Oregon follows a modified comparative fault system under ORS 31.600. A claimant may recover when their fault is not greater than the combined qualifying fault of the other parties, but the award is reduced according to the claimant’s percentage of fault.
For example, if you were found 20 percent responsible for an accident and had $100,000 in recoverable damages, your recovery could generally be reduced to $80,000. Workers’ compensation involves different rules, so the type of claim being pursued matters.
There is no reliable “average” settlement that predicts what a Portland construction accident claim will be worth. Depending on the circumstances, third-party construction injury settlements might range from tens of thousands of dollars to multi-millions of dollars in cases involving catastrophic injuries, substantial long-term losses, and gross negligence by employers or other responsible parties. This is an illustrative range, not a prediction of any particular case.
Factors that can affect settlement value include the severity and permanence of the injuries, medical expenses, lost income, diminished earning capacity, available insurance coverage, strength of the liability evidence, and whether the worker shares responsibility for the accident. Cases involving spinal cord injuries, traumatic brain injuries, amputations, or permanent disabilities may have substantially greater damages because of ongoing medical and financial consequences.
The source of compensation depends on the type of claim. Workers’ compensation benefits generally come through the employer’s workers’ compensation coverage. Oregon requires subject employers to maintain coverage or qualify as self-insured.
When another company or person contributed to the accident, compensation may instead or additionally come from a negligent third party or its liability insurer. Under ORS 656.154, an injured worker may have a remedy against a negligent third person who is not in the same employ.
Personal injury attorneys commonly handle qualifying construction accident cases on a contingency-fee basis, meaning attorney fees are collected from a recovery rather than charged upfront. Johnston Law Firm handles Portland personal injury cases on contingency. We can explain the applicable fee arrangement and potential case expenses during your free consultation.
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Sally Martinez
– Michelle E.
Mr. Johnston and his firm were incredibly thorough in getting us a fair settlement from our insurance company with little to no pressure. We really appreciated having someone who truly cared about us every step of the way. I would highly recommend the Johnston Law Firm to anyone in need of personal injury representation.
Contact a Portland Construction Accident Lawyer Today
At Johnston Law Firm, our Portland construction accident attorneys can assist you in filing a successful workers’ compensation claim in the event that you are injured in a construction accident. We handle construction or industrial accident claims on contingency; this means you don’t pay attorney fees unless we secure compensation for your injuries.
To schedule a free consultation, contact Johnston Law Firm at 503-546-3167 or fill out our free confidential case evaluation form. Our hours are flexible by appointment.
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