Experts In
Third-Party Injury Claims
Have you been injured on the job, and the injury was caused by someone other than your employer? Filing a third-party claim is one of the best ways to ensure you receive the compensation you deserve. Whether the injury was caused by a vendor, client, contractor, driver, property owner, or someone else, our attorneys are experienced in this kind of law and understand the complexities of third-party injury cases. We’ll guide you every step of the way.
For a free consultation, call the personal injury lawyers at OlsenDaines today. We’ll answer your questions, make sure you understand your options, and help you on the road to recovery.
What Is a Third-Party Injury Claim?
When it comes to on-the-job injuries, you are the “first party.” Your employer is the “second party.” And if someone else is involved, they’re the “third party.” When you and your employer are the only ones involved, workers’ compensation kicks in. In Oregon and Washington, this can be a double-edged sword. Yes, the fast relief it provides is welcome, but workers’ compensation also prevents you from filing a lawsuit. And these benefits, helpful though they may be, only cover damages from medical bills and lost wages – nothing else. Often, this isn’t enough for an injured worker to live on.
The key advantage of third-party claims is that filing a third-party claim could entitle you to damages that workers' compensation does not cover, including pain and suffering damages, full lost wages, and punitive damages.What Kinds of Injuries or Accidents Are Covered by Third-Party Claims
Third-party workplace injury claims are caused by negligence. This can manifest itself in a number of different ways. Though not limited to these types of cases, the most common types include:
- Motor Vehicle Accidents: Traffic collisions make up a significant portion of these cases. When workers driving for work are hit by negligent drivers or involved in delivery accidents where another party is at fault, that's a common example of a third-party workplace injury claim.
- Construction Accidents: Contractors may be liable when workers are injured by defective equipment, unsafe scaffolding, or hazardous conditions on job sites.
- Slip and Fall Cases: When injuries happen due to negligence on client properties, in buildings maintained by management companies, or due to unsafe conditions created by other tenants or contractors.
- Product Liability: Injuries from defective workplace tools, machinery, or safety equipment, including manufacturing defects and inadequate warnings or instructions.
- Professional Negligence: For example, if an accident was caused by an architect whose design flaws create hazards, safety consultants providing inadequate guidance, or maintenance companies creating dangerous conditions.
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What Kinds of Losses Can You Claim in a Third-Party Personal Injury Lawsuit?
Third-party workplace injury claims are caused by negligence. This can manifest itself in a number of different ways. Though not limited to these types of cases, the most common types include:
In a third-party workplace injury case, you're not limited at all in what type of compensation you can seek. You can ask for everything that you're entitled to, including:
- Economic Damages: Quantifiable financial losses, including medical expenses, lost wages, reduced earning capacity, property damage, rehabilitation costs, and out-of-pocket expenses directly related to your injury.
- Non-Economic Damages: Compensation for physical pain and suffering, emotional distress, mental anguish, loss of enjoyment of life, disability, and other losses that aren’t financially quantifiable.
- Punitive Damages: For particularly egregious conduct like gross negligence or intentional wrongdoing that caused the injury, punitive damages may also be awarded.
Know Your Legal Rights When You File a Third-Party Claim
If you’ve sustained an injury in the workplace, it’s important to understand your rights. Even with seemingly straightforward cases, this area of law is complex and can be confusing. Don’t let someone who doesn’t have your best interests in mind tell you what happens next.
The personal injury lawyers at OlsenDaines have extensive experience helping people just like you navigate third-party workplace injury cases in Oregon & Washington. We’re here to answer any questions you have, so you can move forward and start the healing process.
We always offer free consultations, so if you have any questions, reach out to us today.
FAQs About Third-Party Workplace Injury Claims
Here are some common questions we get asked about third-party injury claims. If you can’t find your answer here, be sure to check out our comprehensive personal injury law FAQ section.
Can I sue a third party if I'm receiving workers' compensation?
Yes, you absolutely can sue a third party while receiving workers’ compensation benefits. Workers’ compensation and third-party lawsuits serve different purposes and don’t interfere with each other.
What is the statute of limitations for third-party injury claims in Oregon and Washington?
Oregon personal injury law dictates that most civil claims have to be settled or a lawsuit filed within two years of the incident. This is true for personal injury claims generally and third-party injury claims specifically. In Washington, this statute of limitations is three years.
These deadlines are strictly enforced, except in rare cases where an injury wasn’t immediately apparent.
Third Party Claims in Portland OR and Salem OR
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