Legal Question in Insurance Law in Oregon

Re: Accident while working

Your girlfriend needs to talk to a LAWYER who specializes or focuses on PERSONAL INJURY CLAIMS, and she needs to do that ASAP. Reason: The COMP CARRIER has the RIGHT to go chase the at-fault driver and his insurance proceeds, to pay themselves back what they spent on your girlfriend. IF THEY DO THAT, then your girlfriend CAN BE TOTALLY BARRED from getting anything for her pain and suffering; at least beyond what the Comp system provides.

WHAT YOUR GIRLFRIEND NEEDS TO EXPLORE with a PI lawyer is to ELECT with comp to make what's called a THIRD PARTY CLAIM, whereby the lawyer collects BOTH the comp carrier's reimbursement, AND money for the injured party as well. That's a brief OVERVIEW of how it works, under OREGON law.

NOTE also please, that generally, the statute of limitations on such a claim under OREGON LAW is TWO YEARS from the date of the incident (and it COULD be a DIFF'T time period, depending on other factual details) -- but by THEN, it may be TOO LATE to make that election to get NON-comp compensation for her pain and suffering. That's why I suggest she immediately contact a competent PERSONAL INJURY lawyer -- not necessarily a worker's comp lawyer -- since the 3rd Party Claim is NOT itself a comp claim at all.

The info I've given above is based on the assumption that OREGON LAW would apply. For many reasons, it's possible it does not. Also, I'd suggest that she NOT RELY on the info above, OTHER THAN TO SEE A COMPETENT OREGON PI LAWYER, since I'm just getting 3rd-hand info here, without the benefit of ASKING any questions of her.

GOOD LUCK, and I hope it's not too serious an injury.

Sam