Legal Question in Workers Comp in Oregon

Oregon Underinsured Motorist Law

Claim involving employee injured in auto accident in Oregon while on the job. Responsible party's liability limit is not sufficient. Work Comp claim reported. Is work comp sole remedy or does employee step into the shoes of a third party and can pursue UIM claim? If so, are there offsets for the liability limits and for what was paid under work comp?


Asked on 10/30/00, 10:39 am

1 Answer from Attorneys
Richard Sly Richard Sly Attorney-at-law

Re: Oregon Underinsured Motorist Law

WC case is not sole remedy. There is a third party claim against negligent party who apparently has limited assets and is underinsured. The 3rd party recovery is subject to a Workers Compensation lien. You get some off the top of the 3rd party policy. Coming the other way there is an argument that the receipt of WC benefits reduces uninsured recovery above and beyond the 3rd party money. The issue is less than simply articulatable and requires more detailed facts in order to be accurate. This response should not be used as a template to take action. Seek Counsel.

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Answered on 11/16/00, 5:06 pm


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