Oregon Construction Accident Attorney
Construction is one of the most dangerous lines of work. If you were hurt on a job site, workers’ compensation can cover your medical care and part of your lost wages if your claim is accepted, and another company on the site may also owe you compensation.
How Construction Accidents Happen
Most serious construction injuries come from a short list of hazards:
- Falls from roofs, ladders, scaffolding and unguarded openings. Nationwide, falls are the leading cause of construction deaths.
- Heavy equipment such as cranes, excavators and forklifts, which can cause crush injuries and amputations.
- Electrical contact with live wiring, overhead power lines or buried utilities.
- Struck-by and caught-between accidents involving falling tools, swinging loads, moving vehicles and collapsing materials.
- Trench and excavation collapses.
- Hazardous materials such as silica dust, asbestos and chemicals, which can cause illness years later.
These accidents can trace back to missing fall protection, poorly maintained equipment, or pressure to work faster than safety allows.
Workers’ Compensation After a Construction Injury
Workers’ compensation is no-fault. In most cases you can receive benefits even if the accident was your fault or no one was at fault. Benefits can include medical treatment for the injury, time-loss payments that replace part of your wages while you cannot work, compensation for permanent impairment, and vocational help if you cannot go back to your job and you qualify.
Workers’ comp does not pay for pain and suffering, and it usually prevents you from suing your own employer. That is why it matters whether anyone else contributed to the accident. Read more about Oregon workers’ compensation claims.
Claims Against Other Companies on the Site
Construction sites bring many companies together. When someone other than your employer or a coworker caused or contributed to your injury, you may have a separate claim against them. That can include:
- a general contractor that controlled site safety
- a subcontractor whose work created a hazard
- the manufacturer of defective equipment or tools
- a property owner or site manager who left a dangerous condition in place
A claim against another company requires proof that it was at fault, or that its equipment was defective. It can recover losses workers’ comp does not cover, such as lost wages beyond what workers’ comp pays, and pain and suffering. The workers’ comp insurer may be repaid from part of that recovery, so the two claims need to be handled together.
Oregon’s Employer Liability Law
Oregon’s Employer Liability Law requires owners, contractors and others in charge of work that involves risk or danger to use every practicable device, care and precaution to protect workers and the public. Construction work often falls under it. A claim can sometimes be brought against a general contractor or other company that shared in or had control over the risky work, even if it was not your direct employer.
What to Do After a Construction Accident
- Get medical care, and tell the provider the injury happened at work.
- Report the injury to your supervisor in writing right away, even if it seems minor. Ask for the injury report form (Form 801) and keep a copy.
- Photograph the scene, the equipment involved and any missing safety gear, and write down what happened.
- Get the names and phone numbers of witnesses.
- Follow your treatment plan. Gaps in treatment give insurers a reason to dispute the claim.
- Cooperate with the workers’ comp insurer’s investigation; if you have a lawyer, your lawyer can be with you for interviews. Talk with a lawyer before giving a recorded or detailed statement to any other insurance company.
Deadlines for Construction Injury Claims
- Workers’ compensation: Report the injury to your employer in writing right away. Oregon law generally requires written notice within 90 days.
- Illness from long-term exposure (dust, asbestos, chemicals): Different deadlines apply, generally one year from when you learn of the illness or are disabled by it.
- Claims against other companies: Personal injury lawsuits generally must be filed within two years of the injury.
- A letter from the workers’ comp insurer asking whether you will pursue another company: Respond right away. The deadline is short.
- Other situations: Claims against a government agency have different deadlines, and some require written notice much sooner.
Exceptions apply in both directions, so talk with a lawyer soon after the accident.
How We Help
We handle the workers’ compensation claim and look at whether another company on the site is responsible. When both claims exist, we coordinate them, including any repayment the workers’ comp insurer claims from the second recovery. Call (503) 536-1737 to talk with our office.
