You may have several pathways to compensation when you have been hurt on the job. The experienced workplace injury attorneys at Schauermann Thayer can help you review your options and move your case forward.
Workplace injuries can be complicated. Generally, employees are restricted from making a personal injury claim against their employer. There may be a third party (other than your employer) that could be held legally responsible for your injuries. The type and extent of compensation you may be entitled to receive also differ depending on your ability to bring a personal injury claim against an individual or entity other than your employer.
Is a Third Party Responsible?
In both Washington and Oregon, if you are injured on the job, workers’ compensation benefits may be the exclusive remedy available to you. However, many worksite injury scenarios involve people or entities that are not your employer. When a third party’s actions cause you to be injured, they may be responsible for your personal injury damages. Some examples of situations involving potentially responsible third parties include car accidents, construction site injuries involving contractors or subcontractors, unsafe products, and property owners.
Determining whether a third party other than your employer may be legally liable for your injuries can be complicated. It is important to investigate and identify the relationships between you and any other person or entity involved in the injury-causing incident as early as possible. Experienced attorneys can help you understand your options when it comes to workplace injuries.
Workers’ Compensation Versus Personal Injury Claim Damages
When you file a workers’ compensation claim after an injury on the job, you are usually limited to recouping a portion of any lost income you suffered due to your injuries, as well as payment of your injury-related medical expenses. You do not have to prove fault in order to file a workers’ compensation claim.
If you have a viable personal injury claim for a worksite injury against someone other than your employer, you are potentially able to recover additional damages. In a personal injury claim, you can pursue compensation equal to the full amount of your economic damages – including all injury-related medical expenses and lost income. You can also pursue compensation for noneconomic damages. Noneconomic damages include pain and suffering, loss of enjoyment of life, disability, mental anguish, humiliation, inconvenience, and emotional distress. It is important to note that even if you are able to bring a personal injury claim, you can still file a workers’ compensation claim at the same time.
Contact an Oregon and Washington Workplace Injury Law Firm
If you have been hurt on the job, seek out the experienced workplace injury attorneys at Schauermann Thayer. We are available to speak with you in a free initial consultation, which you can schedule by calling us today at (360) 818-2725 or by visiting us online.