Most people injured on the job are entitled to Workers’ Compensation Benefits in the form of medical benefits, wage loss benefits, and compensation for permanent disabling injuries as a matter right. Nevertheless, disputes often arise between injured workers and workers’ compensation insurance carriers regarding the nature and seriousness of work related injuries, and the benefits to which an injured worker is entitled. Attorney Keith Semple of Johnson Johnson & Schaller, PC, is experienced in representing injured workers to insure that they receive the full extent of workers’ compensation benefits available.
These “third-party” claims arise in a vast array of work environments, including construction, manufacturing, factory sites, industrial sites and trucking. To read more about third-party workers’ compensation claims, read our Winter 2008 Newsletter.
Johnson Johnson & Schaller represented an iron worker who was injured when the platform he was erecting collapsed under him. He landed in the mud, gravel and twisted steel, and was rendered quadriplegic. Though entitled to workers’ compensation for his lifetime, the compensation fell far short of his total damages.
Following a thorough investigation, our firm brought a third-party claim on his behalf against the contractor and others responsible for the faulty design specifications and an overly aggressive building schedule.
Two factory workers were severely burned when a defectively designed gauge dial on a propane tank caused a leak, which in turn caused an explosion. We brought a third-party claim on behalf of our client against the manufacturer of the gauge and the tank. We settled the case on behalf of our client, greatly benefiting the injured worker and the employer.
We represented the family of a log truck driver killed while delivering his load to a mill. After arriving at the mill’s yard, he parked where he was told, and began to remove the wrappers binding the load to the truck. While he was doing so he was struck by a log-loader and died instantly. Johnson Johnson & Schaller attorneys prosecuted a third-party claim against the log-yard owner, citing negligence, and violations of the Oregon Employer Liability Law. The case settled successfully for our client.
Another client was an employee of a hazardous waste removal business. One evening as he was picking up hazardous materials on his route, he stepped in a hole in a tile floor that had been covered over during a remodeling process. The injury caused traumatic knee injury, requiring surgery. We subsequently pursued successful claims on his behalf against the contractors involved in the remodel work.
Despite its flaws and shortcomings, Oregon Workers’ Compensation Law remains the first line of recourse for most injured workers in Oregon. Where available, however, third-party claims can substantially increase an injured worker’s compensation, helping to ease the financial hardship faced by injured workers and their families.
Every serious workplace accident should be investigated by an experienced law firm to determine the viability of a third-party claim. If you or a loved one has suffered injury or loss of life on the job site, contact us at Johnson Johnson & Schaller. Consultations are free and confidential, and there is no attorney fee unless we obtain compensation for you.
At Johnson Johnson & Schaller PC, we help people throughout Oregon, including the cities of Eugene, Portland, Springfield, Corvallis, Medford, Salem, Bend, Lincoln City, The Dalles, Roseburg, Albany, Ashland, Florence, Coos Bay, Grants Pass, and Junction City; Benton County, Deschutes County, Jackson County, Josephine County, Lane County, Multnomah County, Washington County, Linn County, Clackamas County, Marion County and Hood River County; the states of California and Washington and throughout Central Oregon, Southern Oregon, the Oregon Coast and the Willamette Valley.