Workplace injuries are usually unexpected, and they result in financial hardship and stress because of a disabling medical condition or a sudden injury that might leave you out of work for months. Dealing with workers’ compensation is a challenge at best, especially when doctors expect your injuries to become long-term or permanent disabilities. Instead of weeks or months fraught with uncertainty as to your financial future, a Eugene, OR, work injury lawyer will fight for your rights and keep you apprised of what is going on every step of the way.
Contact work injury lawyers in Eugene, OR, at Strong Law Accident and Injury Attorneys by calling 206-737-2997 or visiting our website.
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How a Eugene, OR, Work Injury Lawyer Can Help
When you suffer injuries because of the negligence or intentional behavior of another person or company, you have the right to recover compensation for damages, including medical expenses and lost wages. Our workplace accident attorneys work with a legal team that includes investigators and expert witnesses to protect your rights and recover the compensation you deserve.
We gather the information and evidence necessary to prove that the defendant’s actions or inactions were negligent or intentional and caused your injuries. Workers’ compensation claims are often complex and could result in a denial of the claim if it is not completed properly. Additionally, should you decide to pursue legal action directly against your employer, we can negotiate with its insurance company or file a lawsuit against the employer.
When you come in for your free case evaluation, we will let you know your options and explain your rights to you so you can make a better decision regarding the path you want to take to start your financial recovery.
Workers’ Compensation Claims
If you suffered injuries on the job, you might be able to file a workers’ compensation claim with the Oregon Workers’ Compensation Division. You can recover compensation for medical expenses, loss of wages, rehabilitative care, vocational training and other expenses.
If you choose to go this route, you must have a doctor submit an official report accident form. You also have strict deadlines. Even if you do everything right, the workers’ compensation department could still deny your claim or underpay you.
Work accident lawyers in Eugene, OR, know what workplace injuries are worth and ensure that you recover the compensation you deserve. They will also meet all filing deadlines, which gives you one less thing to worry about.
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"I had a claim involving my own insurance company. I tried to negotiate with them, and they completely denied my claim – two times. I then hired Strong Law, and the change was instant. The insurance company immediately began negotiating, and Jed was able to secure an unbelievably good settlement. I will never again attempt to take-on an insurance company without Strong Law in my corner. Thank you!"
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"I hired Strong Law after my car accident. Jed and his team worked hard on my case. They were professional and compassionate through my surgery and as I recovered, and they were awesome on communication. I got justice and awesome compensation. I would recommend Strong Law to anyone in my situation."
Causes of Workplace Accidents
Workplace accidents vary widely from industry to industry. Even office workers could suffer injuries at work. Some workplace accidents involve:
- Trip or slip and fall accidents
- Heavy equipment accidents
- Crush accidents
- Swinging equipment
- Defective elevators, stairs and handrails
- Loose flooring
- Vehicle accidents
- Chemical spills
- Electrical accidents
- Chemical, thermal, cold, radiation and electrical burns
- Falling from heights
- Accidents caused by defective personal protective equipment
- Tool and light equipment accidents
- Factory press accidents
- “Drop” accidents where someone drops something that lands on you.
These are only a few of the types of accidents you could suffer while at work. No matter what caused your workplace injuries, you should always seek medical attention and legal advice from experienced workplace accident lawyers at Strong Law Accident and Injury Attorneys.
Proving Negligence
If you decide to sue your employer, you must be able to prove that the actions or inactions of an employer or coworker caused your injuries and were negligent or intentional. You must be able to prove four elements to have a good case based on negligence:
- The employer or coworker owed a duty of care to keep you safe from injury. For example, an employer that provides personal protective equipment is responsible for making sure it fits and is in good condition.
- The employer or coworker breached that duty with his or her actions or inactions. For example, the employer refused to replace a safety harness that is visibly worn.
- You must have suffered damages because of the employer’s actions or inactions. For example, the visibly worn harness strap snapped while you were precariously balancing on a bridge beam, welding the beam.
- Your injuries must have been because of the workplace accident. For example, you would not have traumatic brain injuries and a broken back if the visibly worn harness had not broken and caused you to fall.
A Eugene, OR, work injury attorney will review your case and medical records to determine if you have met all four elements. Most workplace injury cases clearly meet the elements of negligence, but some might have a tenuous connection. Even if you are not sure whether your employer was negligent, you should contact one of the workplace injury attorneys at Strong Law Accident and Injury Attorneys to make sure. The initial case evaluation is always free.
Time Limits to Take Legal Action
As with any other state, Oregon has a statute of limitations for taking legal action against another for personal injury, including workplace injuries. Workers’ compensation has strict deadlines you must follow. If you decide to file a lawsuit against your employer, you have two years to take legal action.
You have up to 90 days to file a workers’ compensation notification of injuries and up to a year to file the claim. However, regardless of whether you are filing a workers’ compensation claim or a third-party lawsuit – or a lawsuit because you meet an exception to workers’ compensation – you should always contact a Eugene work accident lawyer as soon as possible.
Injuries from Workplace Accidents
You could sustain many types of injuries in a workplace accident, including minor scratches. However, certain industries, such as industries using large equipment, construction, and forest management, usually see catastrophic injuries, including traumatic brain injuries and spinal cord injuries. Factory workers, drivers, and those working with chemicals could also sustain catastrophic injuries.
Regardless of how minor or severe your injuries are, you should always contact Eugene work injury lawyers to help you file your workers’ compensation claim or a third-party lawsuit, protect your rights, and ensure you receive the compensation you deserve.
Recovering Damages After a Workplace Accident
After a workplace accident, you can recover economic and non-economic damages. Economic damages have a fixed monetary value, while non-economic damages are more subjective. They are, however, both compensatory damages.
Economic damages include medical expenses, lost wages, loss of future earning capacity, and death-related expenses, including funeral, burial and cremation expenses. Medical expenses include long-term or permanent professional care for catastrophic injuries and therapeutic care, including occupational therapy, physical therapy, cognitive therapy, and psychological therapy.
Non-economic damages include pain and suffering, loss of quality of life, loss of consortium and/or companionship, loss of use, amputation, disfigurement, and excessive scarring.
Frequently Asked Questions for Work Accident Lawyers in Eugene
Am I covered by workers’ compensation?
In most cases, yes. Some employers are not required to carry workers’ compensation insurance. If your employer has not told you that it is exempt from carrying workers’ compensation, a Eugene work injury lawyer can tell you.
Can I choose my own doctor?
Yes, you can choose your own doctor. If your claim is enrolled in a managed care organization, you must choose a doctor within the organization. However, neither your employer nor the workers’ compensation department can “assign” you a doctor.
What is an independent medical evaluation?
The workers’ compensation department might ask you to attend an independent medical evaluation (IME). This is a panel of doctors hired by the insurance company to evaluate your injuries. These doctors are not on your side. They are on the insurance company’s side and are looking for reasons to deny your claim. You must be at the IME and cooperate with the doctors. If you have questions about attending an IME and your rights, contact Eugene work injury lawyers at Strong Law Accident and Injury Attorneys.
Can I choose to sue instead of recovering damages from workers’ compensation?
Not usually. However, there are some exceptions to being limited to filing a workers’ compensation claim. If your employer committed an intentional tort that caused your injuries – assault, battery, false imprisonment, the intentional infliction of emotional distress, fraud, invasion of privacy, or defamation — you might be able to file a lawsuit instead of a workers’ compensation claim.
Additionally, if you or your employer was not responsible for your workplace injuries, you might claim against the person who caused your injuries. Finally, you can file a claim outside of workers’ compensation if you believe your benefits were wrongly denied or terminated.
What if I cannot afford a workers’ compensation lawyer?
The Eugene work injury lawyers at Strong Law Accident and Injury Attorneys do not get paid unless you win your case. The initial case evaluation is also free.
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How Strong Law will handle your case
Gather evidence, interview witnesses, and assess the circumstances surrounding the accident to establish facts and liability.
Determine the extent of damages, including medical expenses, lost wages, and pain and suffering.
Engage in discussions with the opposing party or insurance companies to reach a fair settlement outside of court.
If negotiations fail, proceed to court where legal arguments and evidence are presented before a judge or jury for a final decision.
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Prior to representing accident victims, Jed worked for GEICO insurance company as one of its in-house attorneys – representing the insurance companies. After learning the inner workings of insurance companies, he quit and began representing accident victims.
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Frequently asked questions
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