This overview is for educational purposes only. It is not intended to provided legal advice and does not create an attorney client relationship between you and the firm. Please contact us if you have any questions about your rights and obligations under the workers’ compensation system.

General Background

Most employers in the state of Oregon (and other states) are required to have workers’ compensation coverage for their employees. Each state has its own system. Separate systems exist for federal workers and longshore/harbor workers.

In most cases, a Workers’ Compensation claim is the only right to recovery for injuries that occurred on the job. The rare instances where an employee can sue their employer or co-worker for negligence in causing the injury should be discussed with an experienced attorney.

However, a worker may sue someone other than the employer for their negligence in causing the injury.

A worker may also sue an employer who failed to carry workers-compensation coverage when they should have.

It is important to remember that workers’ compensation is a “no fault” system. This means that recovery is not based on the fault of the employer in causing the injury. Instead, recovery is based on whether the injury event or work exposure caused the claimed condition or need for treatment.

Generally the worker is not allowed to sue the insurer or claims examiner based on their decision to deny a claim or refusing to approve medical treatment. If the insurer contests the claim or the benefits, the worker can appeal and has the burden of proving a sufficient relationship between the injury/exposure and the claimed condition or the necessity of any proposed medical treatment.

In lawsuits against third parties or non-complying employers, the worker must have proof that the damages were caused by their negligence in order to obtain additional recovery.