Salem Third-Party Workers’ Compensation Attorneys

Why Did I Receive a “Notice of Election”?

A “notice of election” in third-party workers’ compensation cases is a formal notice from the insurer addressing who will have the right to pursue a separate claim against a responsible third party. It requires the injured worker to decide whether to pursue the claim themselves or allow the insurer to take over that right. 

The decision must generally be made within 60 days of receiving the notice. Our attorneys can review the notice in the context of your claim, assess whether the asserted reimbursement rights are valid and properly calculated, and manage communications with the insurer to prevent interference with the case strategy or settlement discussions.

Who Pays My Medical Bills & Lost Wages After a Workplace Injury?

Medical treatment and a portion of lost wages are generally paid through the workers’ compensation system once a claim is accepted. The benefits are handled through the employer’s insurance carrier and are not dependent on proving fault for the accident.

Additional compensation may come from the at-fault party’s insurance in third-party claims, but it doesn’t replace the benefits already provided. The third-party lawsuit will not pay any compensation until a final settlement or trial verdict is reached.

Our lawyers can help you understand how these payments interact in your situation, review benefit payments and claim records for accuracy, and address any reimbursement or offset issues that arise. 

Common Liable Parties in Third-Party Workers’ Compensation Lawsuits

Negligent Drivers

Delivery drivers, construction workers, utility employees, and others may be injured by careless motorists while working. In these situations, the at-fault driver may be liable for damages, particularly when the crash results in serious or long-term injuries.

Subcontractors

If a subcontractor creates unsafe working conditions, fails to follow safety procedures, or acts negligently and causes an injury, they may be held responsible in a third-party claim. These cases may involve falling objects, electrical hazards, and other preventable job site accidents.

Equipment Manufacturers

Defective machinery, tools, and industrial equipment can cause devastating workplace injuries. Manufacturers and distributors may be liable for a workplace accident caused by equipment containing dangerous design flaws, defective parts, or inadequate safety warnings. 

Property Owners

Property owners who fail to maintain reasonably safe premises may be liable when hazardous conditions lead to workplace injuries. These claims may involve unsafe stairways, inadequate lighting, slippery walkways, structural hazards, or dangerous conditions at locations where employees perform work duties. 

Importance of Working with Our Third-Party Injury Claim Lawyers

Third-party workers’ compensation cases are legally complex. Coordinating both claims properly is vital to avoid jeopardizing benefits or reducing your overall recovery. Our attorneys have a deep understanding of this challenging legal landscape to represent your best interests at each stage of the process. 

Below are some important ways that our lawyers can help:

• Coordinating workers’ compensation lien rights (reimbursement claims). Some workers’ compensation insurers may have a lien or reimbursement interest in any third-party recovery. We can review lien assertions, identify recoverable portions, and negotiate with insurers to address reimbursement claims. 
• Offset between workers’ comp and third-party recovery. State law allows coordination between benefits and third-party settlements, which can affect how future payments are handled. We can analyze the impacts on ongoing benefits and structure resolutions to avoid unintended reductions when possible.
• Comparative fault reductions. Oregon’s modified comparative negligence rule can reduce compensation if the worker is partially responsible for the accident, which insurers often use to their unfair advantage. We push back against undue fault allegations by building strong, evidence-backed cases from day one.
• Employer and insurer control. The workers’ compensation insurer may have rights to participate in or influence aspects of the third-party claim, which can create complications. We manage communications and address overlapping positions so third-party cases aren’t undermined by competing interests.
• Statutory deadlines and procedural requirements. Third-party claims are subject to strict deadlines and procedural rules. Missing deadlines or failing to preserve evidence early can limit or eliminate recovery options. We act quickly to preserve evidence and move cases forward.

Don’t settle for a lowball offer after a workplace accident. Call (971) 318-5516 to schedule a free consultation with our top-rated injury lawyers. Se habla español.