Third-Party Workers' Compensation Claims Your Problems. Our Priority.

Salem Third-Party Workers’ Compensation Attorneys

Protecting the Rights of Injured Workers in Albany & Keizer

Suffering a work-related injury can lead to extensive recovery periods, lost wages, and constant stress. Navigating the confusing workers’ compensation system and communicating with greedy insurance companies can make the process even more challenging, especially while recovering from a serious accident.

Fortunately, you don’t have to seek justice alone. At Johnson & Taylor, our third-party workers’ compensation lawyers are dedicated to recovering maximum compensation for injured employees. Whether you were injured at a construction site, industrial facility, or food processing plant, we can fight to recover compensation beyond workers’ compensation benefits.

Don’t let an insurance company dictate what your claim is worth. When you work with our attorneys, you can expect honest guidance and tenacious representation backed by over a decade of experience. Our compassionate legal team has recovered over $50 million for clients like you, making us well-equipped to advocate for your rights.

If you were injured on the job in Salem, our attorneys can fight for the full compensation you deserve. Contact us online to discuss your case.

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You're not just a number

Every case represents a person, a family, and a future

Drunk Driver Accident Secured Maximum Compensation
Two couples riding together in a vehicle were struck on the freeway by a drunk driver. All were badly injured. Able to get maximum compensation for all from the at fault driver and from the bar that over served alcohol, contributing to the driver getting drunk.
Bicycle Accident Overcame Liability Challenges
Teenager riding bike in or near a construction zone and hit by a vehicle while riding through a crosswalk. Despite an unfavorable witness and the teenager not wearing a helmet, able to work out a great settlement.
Bicycle Accident Full Compensation Recovered
Bicyclist vs vehicle collision where client sustained soft tissue injuries. Despite reasonable evidence as to fault, insurance company denied liability and would not offer any compensation to client. We filed a lawsuit and just over two months later the insurance company paid our client’s full demand and attorney fees as well.
Car Accident Reduced Outstanding Medical Bill Balance
As a result of a car accident, client sustained serious injuries which required costly surgery. Client did not have health insurance to cover additional medical expenses beyond the no-fault provisions of her own policy. Through persuasive negotiations with medical providers, we were able to secure offers from the medical providers to substantially reduce or write-off the outstanding balances to enable payment of all medical bills and compensation to client.
Pedestrian Accident Recovered from Multiple Policies
Pedestrian suffered traumatic internal injuries as a result of a trip and fall over a raised portion of sidewalk. Despite disputes over who maintained the sidewalk and the cause of the raised portion between the two adjacent property owners, we were able to secure significant settlements against both homeowner policies, reduce medical liens by tens of thousands of dollars, and put a generous amount of money in client’s pocket.
Rear-End Collision Medical Liens Fully Waived
Rear-end accident victim sustained injuries that persisted for some time and required surgery. Medical costs alone were double the available insurance funds from all applicable insurance policies. We were able to get all medical liens waived and client ended up with a majority of the funds from insurance.

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Understanding Third-Party Workers’ Compensation Claims

Most injured workers are limited to workers’ compensation benefits through their employer. However, if a negligent third party contributed to the accident, you may also have the right to pursue a separate personal injury claim for additional compensation.

Unlike workers’ compensation benefits, a third-party claim may allow injured workers to seek broader damages, such as pain and suffering, future lost earning capacity, and other losses. Our attorneys can investigate the accident, identify who may be legally responsible, and coordinate claims strategically to protect your financial recovery.

Can I File a Third-Party Lawsuit While Receiving Workers’ Compensation?

Yes, workers can pursue a third-party claim while also receiving workers’ compensation benefits if someone other than the employer or a co-worker caused or contributed to the accident. These claims frequently involve negligent drivers, subcontractors, equipment manufacturers, property owners, or other third parties connected to the incident.

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.

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Highly recommend!
“James and Hannah were spectacular at representing me and my two kids in our automotive accident case. It was a difficult thing to go through but they wanted to make sure our medical and emotional health were taken care of.”

- Sarah C.

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