Have you recently suffered a serious construction injury while on the job? Did your doctors tell you that you may never return to the condition you were in before the accident? Are you worried about what this means for your ability to earn a living in the future? Are you wondering what, if anything, you can do to help support yourself and your family?
If these questions are on your mind, then you should reach out to a dedicated Oregon workplace injury lawyer who is ready to fight for your rights. At the D’Amore Law Group, P.C., we represent construction workers who ended up with a permanent disability as a result of an on-the-job accident. For more than 25 years, the D’Amore Law Group has helped injured workers and their families make sense of the complex personal injury process, working with them to ensure they receive the compensation they need and deserve after suffering a workplace disability.
Common Causes of Oregon and Washington Workplace Accidents
Any occupation presents some risk of injury; however, for construction workers, these risks are magnified. Construction work is one of the most dangerous jobs, according to the Bureau of Labor Statistics. In fact, in 2019, more than 200,000 construction workers suffered an on-the-job injury, with more than 80,000 of these workers missing one or more days of work due to their injuries.
The most common causes of Oregon construction site accidents include:
- Falls from another story;
- Being struck by or against an object;
- Electrocutions;
- Being caught in or between an object or machinery;
- Slip and falls;
- Ladder accidents;
- Scaffolding accidents;
- Power tool and heavy machinery accidents;
- Wear and tear injuries; and
- Vehicle accidents.
Regardless of how your accident occurred, you may be eligible for financial compensation through a workers’ compensation or personal injury claim.
What a Workplace Disability Means for Your Future
Suffering from a workplace disability can carry tremendous consequences. Aside from the physical pain and emotional stress associated with the accident, those living with a permanent workplace disability also must deal with the financial repercussions of the accident. For example, according to the most recent data from the Bureau of Labor Statistics, 17.9% of all people with a disability were employed. This amounts to an unemployment rate for disabled workers of 12.6%, almost 50% higher than the unemployment rate for workers who do not live with a permanent disability. Of those workers living with a permanent disability who were employed, nearly 30% worked only part-time. These figures do not take into account those with a permanent disability who are not looking for employment, meaning that employees who suffered a workplace disability and gave up looking for work are not included in the already high unemployment rate for disabled workers.
Pursuing an Oregon Construction Accident Claim after a Workplace Injury
Employees who end up with a permanent workplace disability due to an on-the-job accident have two options when it comes to filing a claim for compensation.
Workers’ Compensation
The first option is to file a workers’ compensation claim. Workers’ comp claims provide injured workers with medical benefits and income-replacement benefits while they cannot work. Thus, workers who suffer from a permanent disability obtain ongoing benefits. The benefit of a workers’ comp claim is that an employee does not need to prove anyone else was responsible for their injuries. However, the drawback to these claims is that compensation for non-economic damages, such as pain and suffering, are unavailable.
Personal Injury Lawsuit
The second option for those dealing with a workplace disability is to pursue an Oregon third-party personal injury claim. Personal injury claims generally allow for the recovery of economic and non-economic damages, making this type of claim preferable to most workers. However, like other types of personal injury claims, a workplace accident claim based on a permanent disability requires the worker to prove another party was at fault for their injuries. Additionally, in most cases, an injured worker cannot bring a personal injury claim against their employer. This is because, under state law, a workers’ comp claim is a workers’ exclusive remedy against their employer.
However, especially in the construction industry, there are often multiple parties who share responsibility for a workplace accident. For example, a disabled worker can bring a third-party personal injury claim against any of the following parties:
- Architects,
- Engineers,
- Independent contractors,
- Manufacturers or suppliers of equipment or supplies,
- Project managers,
- Residential or commercial property owners,
- Sub-contractors, and
- Workers employed by other businesses.
To succeed on a third-party injury claim arising from a workplace disability, a worker must show,
- The third-party owed the worker a duty of care;
- The third-party violated that duty through some action or failure to act;
- The third party’s breach of that duty resulted in the worker’s injury, illness, or disability; and
- The disabled worker suffered damages due to the third party’s negligence.
While a lawyer is critical to the success of any personal injury claim, this is especially the case in third-party construction accident claims. For example, a lawyer can help a disabled worker identify any potentially liable third parties and prepare a compelling claim for recovery. An attorney can also negotiate with any insurance companies involved in the case to maximize a disabled worker’s recovery amount.
Are You Living with a Permanent Disability Due to an Oregon Construction Accident?
If you recently suffered a permanent disability after an Oregon construction site accident, contact D’Amore Law Group for immediate assistance. Our dedicated construction site accident lawyers have a long and successful history of providing exceptional representation to injury victims and their families. With our help, you can take steps to hold the party who is responsible for your injuries financially accountable.
When you work with D’Amore Law Group, we will handle everything related to your claim, so you can focus on your recovery and spending time with your family. To learn more and to schedule a free consultation with one of our construction site accident lawyers, give us a call or reach out through our online form.
