What Are Employer Liability Law Claims in Oregon?

Not all jobs provide safe working environments. Some workplace dangers are present just by the nature of the work, and some are due to a lack of legally required precautions. Everyone deserves to work in a reasonably safe workplace, and with the Employer Liability Law, many injured workers have recourse when employers fail in this duty. At Paulson Coletti Trial Attorneys, our Portland employer liability lawyer is experienced in the nuance of ELL claims compared to more standard workers’ compensation claims.

What is the Employer Liability Law?

Employer liability law provides additional protection to workers when a contractor, subcontractor, or other individual who is not their employer causes a workplace injury. If the person who caused your injury is not an employee of your employer, you may be unable to file a claim through workers’ compensation. Oregon Revised Statute 654.305 states that those in charge of work that may be dangerous should use all available resources to make the work safer for those working and the general public. This allows workers to claim compensation from an employer otherwise involved in their work but not their direct employer.

Exclusions

Employer Liability Law claims may cover accidents caused by contractors, but they are only available to company employees. This can be a source of confusion if employers misclassify employees as contractors to avoid costs and responsibilities associated with employees.

Your claim may also be ineligible for ELL if your employer is considered liable for the negligence causing your injury and they have workers’ compensation insurance. Workers’ compensation is the only recourse for workplace injuries caused by your workplace.

Understanding Oregon's Employer Liability Law

Filing an Employer Liability Law Claim

The situation must meet specific requirements to file a claim under the employer liability law. If you are unsure whether you qualify, you may want to speak with a Portland workplace injury attorney to determine your eligibility for a claim under the ELL.

Additionally, this type of claim may be used in lieu of workers’ compensation against non-compliant employers in the requirement to hold a workers comp policy.

One of the primary procedural differences between this type of claim and a worker’s compensation claim is that this is fault-based. For workers’ compensation, you must show that you were injured on the job. Whether your employer is responsible is irrelevant to receiving your benefits. However, you must show that the other employer was responsible for your injuries to make an ELL claim successfully.

Payment of an Employer Liability Law Claim

The party responsible for paying an employer liability law claim can be complicated. Sometimes, an employer may have additional insurance coverage under their workers’ compensation claim, covering costs and settlements related to employer negligence. However, this may become more complicated in situations where your employer does not have workers’ compensation insurance and, presumably, lacks this additional coverage.

Some of what a claim like this may cover can include:

The available compensation for a claim like this can be complex. If you are uncertain about whether to make an ELL claim or if it should go through workers’ compensation, you may benefit from speaking with an attorney.