Third Party Claims

A “third-party claim” is where a person suffers an on-the-job injury due to the negligence of someone who is not a co-worker or employer. For example, let’s say a person works as a traveling nurse and is injured in a car accident with the other driver at fault. The injured employee would have both a workers’ compensation claim and a separate claim, called a “third party claim,” against the other driver.

With a third-party claim, an injured worker can recover, most significantly, noneconomic damages, which are unavailable on his workers’ compensation claim. Remember, an accepted workers’ compensation claim has four benefits: medical services; time loss (i.e., wage loss reimbursement calculated at 2/3 of the worker’s average weekly wage); permanent partial disability or (rarely) permanent total disability; and vocational retraining. Noneconomic damages, or damages for pain, suffering, interference with normal and useful activities, and other losses not readily quantifiable, are not an available benefit in an Oregon workers’ compensation claim: but they are available in a third-party claim. Wage loss (usually at least the 1/3 not paid as time loss) and other economic losses are also available in a third-party claim.

Third-party claims are governed by ORS 656.576 et. seq.

No recovery, no fee.

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Welch, Bruun & Green

4380 SW Macadam Ave #120

Portland, OR 97239

Phone: 503-221-0870

Fax: 503-221-0515