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Workers’ Compensation & Third Party Claims
December 7, 2021
When a worker gets injured while performing their work duties, they may be able to obtain compensation for some of their expenses and losses by filing a workers’ compensation claim against the employer’s insurance. In some cases, however, a workers’ compensation claim may not be the only claim an injured worker can pursue to recover damages.
Depending on the circumstances of your work-related injury, you could be able to file a third-party personal injury claim. Each case is unique, which is why you should have a consultation with an experienced workers’ compensation attorney here in the Beaverton, Oregon area. At the Law Office of Michael J. Orlando, we represent victims of workplace accidents and help them pursue benefits through workers’ comp and third-party liability claims.
Work Injury Job Claim Options
If you were injured on the job, you might have the following compensation options:
- Workers’ compensation. If your employer carries workers’ compensation insurance, you might be able to file a claim against your employer to obtain benefits. The advantage of filing a workers’ comp claim is that the injured worker does not have to prove that their employer was at fault for their injury. However, workers’ comp insurance only covers your reasonable medical bills and a portion of your lost wages.
- A third-party claim. If someone other than your employer caused or contributed to your work-related injury, you could be entitled to compensation through a third-party personal injury claim. When pursuing compensation through a third-party claim, you are required to prove that the other party was negligent. The advantage of filing a third-party claim is that your compensation is not limited to medical expenses and loss of income.
- Both. In some cases, an injured worker could file both a workers’ compensation claim against their employer’s insurance and a third-party claim against the negligent party. An example would be a truck driver who gets hit by a distracted driver while operating a truck in the course of employment.
The following workplace accidents may qualify for both a workers’ comp and a third-party claim:
- A car accident that occurs while you are on the job. You are entitled to workers’ compensation benefits because the crash happened while you were performing your duties. You could also pursue a third-party liability claim against the other driver if the accident was primarily their fault.
- Injuries caused by the use of defective equipment at work. If you were injured on the job while using defective equipment, you could pursue compensation through your employer’s workers’ comp insurance. In addition, you could file a product liability claim against the manufacturer of the defective equipment.
- Injuries that occur on someone else’s property. If your job duties involve visiting residential or commercial properties, you might be able to file both a workers’ comp and a third-party claim if you get injured due to a hazardous condition on someone else’s property while performing your duties.
Who Can You File a Third-Party Claim Against?
Depending on the circumstances of your accident and injury, you could potentially file a third-party claim against the following parties:
- Your Employer — Workers’ compensation does not always guarantee that the employer cannot be sued by the injured employee. You could file a lawsuit against your employer if you were assaulted by your employer, the employer’s conduct was grossly negligent, or your employer has no workers’ comp insurance.
- Coworkers — If your coworker caused or contributed to your workplace injury, you could file a third-party claim against the negligent coworker.
- Product Manufacturers — In workplace accidents that involve defective equipment, the injured worker could file a product liability claim against the manufacturer of the defective product as well as other parties in the chain of distribution (retailers, distributors, designers, etc.).
- Property Owners — If you were injured by a hazardous condition on someone else’s property while performing your job duties, you could file a third-party claim against the owner or occupier of the property.
What Is Subrogation in Workers’ Compensation Cases?
If you are seeking compensation for your injury through both a workers’ compensation and a third-party claim, you need to understand what “subrogation” is and how it could affect your damages award. If you obtain workers’ comp benefits through your employer and then later receive compensation through a third-party claim, you will be required to reimburse your employer’s insurance company for the amount it paid you. This is known as subrogation.
While subrogation requires you to reimburse your employer’s insurer for the costs and expenses covered by the workers’ compensation insurance, you can keep the amount that was not covered by the workers’ comp insurance (e.g., pain and suffering).
Rely on Experienced Legal Guidance
Seeking compensation after a workplace accident can be a confusing process. If you were injured on the job, you need to understand all the compensation options that may be available to you. At the Law Office of Michael J. Orlando, our skilled team can review your unique case and determine if you have a valid third-party claim to maximize your recovery. We proudly represent accident victims and injured workers in Beaverton, Portland, Salem, and Eugene, Oregon.
An injury at work can have a serious impact on your health. To recover fully from your injury, you’ll need excellent medical care from a doctor that you trust. But, what if you don’t like the doctor that the hospital or your employer sent you to? In Oregon, you have options when it comes to your treatment after a work injury. However, the process of changing your workers’ compensation doctor can be complicated and confusing. With the help of an experienced workers’ compensation attorney , you can navigate the process and be confident that your best interests are represented. Whether you need help filing a claim for a work injury or you’re ready to switch doctors, the Law Office of Michael J. Orlando is ready to assist you. Our attorney has years of experience in the insurance industry, having worked as an adjuster, auditor, and insurance company supervisor. Now, he works to help injured workers receive the compensation they deserve. The Law Office of Michael J. Orlando is proud to serve clients in Beaverton, Oregon, as well as Eugene, Salem, and Portland.
Workplace accidents can happen for any number of reasons, and when they do, it’s reassuring to know your expenses will be covered by worker’s compensation benefits. Workers’ comp insurance is required for the vast majority of Oregon employers and ensures that costs like medical bills and lost wages are covered by their plan. While many of these claims are straightforward, others can be more complicated, and you may be denied coverage. When this happens, you have every right to appeal this decision. If you’d like help with filing or appealing a recent workers’ comp claim denial, give us a call at the Law Office of Michael J. Orlando to discuss your options. From our offices in Beaverton, Oregon, we’re able to serve any injured worker throughout the State of Oregon.
Workplace accidents happen every day. Suffering an injury in the workplace can affect your future negatively. Worse yet, an injury could mean you can no longer work in the job you have experience in, all the while being riddled with medical bills. At the Law Office of Michael J. Orlando, we diligently strive that you can get the best outcome for your future. Making a workers’ compensation claim is not easy to do, and having an experienced attorney by your side allows you the knowledge and support you need, with the same goals you have. We strive to get you the full benefits you deserve. Our comprehensive knowledge of workers’ compensation benefits has helped clients in Beaverton, Portland, Salem, Eugene, and throughout Oregon.
Employees who are injured in a work-related accident are entitled to receive workers' compensation benefits, including medical bills, lost wages, and permanent disability due to their injuries. However, there are lots of collective popular opinions and false assumptions out there surrounding workers' compensation insurance claims in Oregon. Without experienced guidance, an employee could easily make irreversible mistakes or hurt their case inadvertently when pursuing their workers' compensation benefits. At the Law Office of Michael J. Orlando, we have the diligence, skills, and resources to assist, guide, and represent clients in their workers' compensation claims. Our knowledgeable Oregon workers’ compensation attorney can enlighten you about the common misconceptions surrounding the state's workers' compensation system, explore your options to seek workers' compensation benefits, and explain how to maximize these benefits. Also, we will fight vigorously to protect your best interests and help you pursue your deserved compensation for your workplace injuries or diseases. The Law Office of Michael J. Orlando is proud to serve clients across Beaverton, Oregon, and the surrounding areas of Portland, Salem, and Eugene.
If you’ve ever been injured in a work-related accident, you know that workers’ compensation will cover your medical expenses and any lost wages that are related to the injury. Most employers in Oregon are mandated by the state to carry this insurance for their employees, and by doing so, they ensure the safety and security of the workers as well as themselves since receiving these benefits means employees cannot pursue litigation. But what happens if your case has already been closed yet you still need treatment for your workplace injury? If you’d like to know more about reopening your workers’ compensation case, call the Law Office of Michael J. Orlando to speak with an experienced attorney . We’re proud to represent and support workers in and around Beaverton, Oregon, and throughout the state, including the Portland metro area, Salem, and Eugene.
If you have been hurt on the job, workers’ compensation may reimburse you for your medical bills and cover a portion of your lost wages. Many injured workers who receive workers’ compensation benefits are unable to return to their job until they recover from the injury. Some workers may want to apply for a new job while receiving workers’ compensation. The problem, however, with seeking employment while on workers’ compensation is that it could potentially affect your benefits. That is why you need to consult with a workers’ compensation attorney in Beaverton, Oregon, to discuss how taking a new job might affect your benefits. At the Law Office of Michael J. Orlando, we help workers throughout Oregon—including Beaverton, Portland, Eugene, and Salem—navigate the workers’ compensation system.
You spend many hours of your life at work, making it very possible that one day you might suffer an injury while you are on the job. You may even develop an illness or disease because of your line of work. In any situation where an injury or illness happens due to your job, you can count on having medical bills because of it. Paying for medical bills while taking time off work to recover from an injury is a stressful situation. Fortunately, Oregon law has established workers’ compensation benefits to protect employees in these circumstances. However, the process of filing a claim for workers’ compensation benefits is challenging. The Law Office of Michael J. Orlando can help you navigate this difficult process. Attorney Michael J. Orlando spent more than a decade working as an insurance adjuster, auditor, and supervisor. Now, he has dedicated himself to putting that experience to work on the other side of the courtroom. The Law Office of Michael J. Orlando is proud to represent injured workers in Beaverton, Oregon, as well as Eugene, Salem, and Portland.
