Sometimes a worker is injured by a non-employee’s conduct, an unsafe piece of equipment, a car crash while driving for work, or other unusual circumstances. In many cases, we can help injured workers recover compensation separately and outside the workers’ compensation system. In these cases we try to determine if a separate claim can be brought for the injured worker because oftentimes the workers’ compensation coverage is just not adequate. Even if we cannot make a separate claim, we can help refer the injured worker to an attorney who specializes in workers’ compensation to ensure their rights are protected.

In most cases, workers’ compensation does not cover a worker for their drive to and from work. There are many situations, though, where driving can be part of workers’ compensation cases. For example, if you drive a company vehicle to your home between work days, or you are driving from one worksite to another, or you are driving to get supplies for work, these may result in workers’ compensation claims in addition to claims against the driver that harmed you. During our initial consultation we will go over all the types of claims that may be available.

Whether an owner or self-employed worker can use workers’ compensation depends on the facts of the case, the terms of the specific insurance policy, and the structure of the company. However, in many cases it is true that an owner or self-employed worker may not get the coverage.

Some companies are not in compliance with the Oregon rules that require workers’ compensation insurance. Oregon’s Workers’ Compensation Division can help you with filing a claim or getting the information you need to move forward

The Employer Liability Law refers to claims an injured worker may be able to bring directly against their employer (and in some cases a non-employer) but outside the workers' compensation. These are very complicated cases, but generally they stem from an employer's obligation to provide safe working conditions for their workers. The most common cases involve subcontractors and contractors working on the same site or location, a situation where the employer has significant control over how specific tasks are performed, or a specific failure in keeping the workplace safe.