Industrial Accidents FAQs

Can I sue someone other than my employer if I am injured at work in Oregon?

Yes. If a third party contributed to your workplace injury, you can file a civil lawsuit against that party in addition to your workers' compensation claim. Third-party claims recover what workers' comp does not: full pain and suffering, complete lost future earning capacity, and all future costs your injury will impose. Accepting workers' comp benefits does not waive your right to pursue a third-party civil claim.

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I was hurt at a job site but the company says I can only get workers comp — is that true?

Oregon's Employer Liability Law (ORS 654.305) imposes liability on any person who has the right to control the conditions that caused a workplace injury, including owners, general contractors, and subcontractors. It extends liability beyond your direct employer to every party in the chain of control. If a general contractor, farm labor contractor, or facility operator controlled the environment where you were hurt, the ELL may hold them directly liable even if they were not your employer.

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If I get workers comp and also sue a third party, how much of the settlement do I actually keep?

Under ORS 656.593, attorney fees and costs are paid first. You then receive a guaranteed minimum of 33⅓% of the remaining balance. The workers' comp insurer receives the remainder up to what it has paid plus the present value of expected future expenditures. Any balance beyond the lien goes to you. The formula ensures you retain at least one-third of the net recovery regardless of the lien amount.

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I was hurt at work in Washington — does accepting L&I benefits stop me from suing the company that caused my injury?

Under Washington's RCW 51.24.060, attorney fees and costs are paid proportionately first; you receive a guaranteed 25% of the remaining balance; L&I recovers the remainder up to benefits already paid, not future benefits. Under Tobin v. Department of Labor and Industries (Washington Supreme Court, 2010), L&I cannot recover any portion of funds specifically allocated to pain and suffering. Structuring the settlement to properly allocate pain and suffering damages directly increases your net recovery.

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Oregon OSHA investigated my workplace accident — does that help or hurt my civil case?

It can significantly help your civil case. An Oregon OSHA investigation that finds violations creates powerful evidence of negligence in a third-party civil lawsuit. OSHA citations establish that a specific safety standard was violated, and Oregon's negligence per se doctrine means that violation of a safety statute can establish presumptive negligence in a civil case. Request copies of all OSHA inspection reports, citations, and penalty notices — these are public records. However, OSHA investigations are focused on employer compliance, not on identifying every potentially liable third party. An Oregon industrial accident attorney reviews OSHA findings as one piece of evidence while building the full civil case against all responsible parties, which may include contractors, equipment manufacturers, and property owners that OSHA's investigation did not examine.

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What is a confined space accident and who is liable?

A confined space is any space large enough to enter but not designed for continuous occupancy, such as silos, tanks, and agricultural bins. OSHA requires permit-required entry procedures including atmospheric testing, ventilation, and rescue capability. When those requirements are ignored, the facility owner, the employer who directed the entry, and the supervising contractor may all face liability. Kaplan Law has obtained a $6 million and a $1 million settlement in Oregon confined space explosion cases.

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Can I sue a manufacturer for a defective machine that caused my workplace injury in Oregon?

Yes. When an industrial machine lacks required safety guards, contains a design defect, or fails to include adequate warnings, the manufacturer, distributor, or seller may face strict product liability independent of any workers' compensation claim. Oregon product liability law requires showing the product was defective and that the defect caused the injury. These third-party claims recover the full value of pain and suffering and future costs that workers' comp does not cover.

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Can my employer retaliate against me for filing a workers' comp claim or pursuing a third-party lawsuit in Oregon?

Oregon law prohibits employer retaliation against workers who file workers' compensation claims. Under ORS 659A.040, it is unlawful for an employer to discriminate against an employee for filing a workers' comp claim, testifying in a workers' comp proceeding, or pursuing rights under Oregon's workers' comp laws. If your employer fires you, demotes you, reduces your hours, or otherwise punishes you after a workplace injury claim, you may have a separate wrongful termination or retaliation claim in addition to your workers' comp and third-party civil claims. Filing a third-party civil lawsuit against a contractor or equipment manufacturer is a separate legal action from your workers' comp claim and does not give your employer additional grounds for retaliation. Document any adverse employment actions and contact an attorney immediately if you believe you are being retaliated against.

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How soon should I contact an attorney after a serious workplace accident in Oregon?

As soon as possible. Evidence at industrial accident scenes is frequently cleaned up or modified within hours. Employers and insurers begin their own investigation immediately. An Oregon workplace injury attorney can send evidence preservation demands, retain an independent accident reconstructionist, and begin building the third-party liability case before critical evidence is lost. Third-party claims and workers' comp run simultaneously; do not wait until your workers' comp claim is resolved.

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I am an undocumented worker who was injured on the job in Oregon — do I still have legal rights?

Yes. Oregon's workers' compensation system and third-party civil liability laws protect all workers regardless of immigration status. An undocumented worker injured on an Oregon job site has the same right to workers' compensation benefits and the same right to file a third-party civil lawsuit against a negligent contractor or equipment manufacturer as any other worker. Fear of immigration consequences should not prevent a seriously injured worker from pursuing the full recovery they are legally entitled to. Oregon law also protects workers from employer retaliation for filing workers' comp claims, regardless of immigration status. If you were seriously injured at work and are concerned about how your immigration status affects your rights, an experienced Oregon industrial accident attorney can explain your options confidentially.

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I got into an accident and was nervous about finding a personal injury attorney after hearing so many awful stories, but from the start, I felt confident with my choice in Kaplan Law, LLC. Matt was completely professional, trustworthy, communicative, honest and helpful. Matt & Gillian made the...

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