Legal Question in Workers Comp in Oregon
Practical Joke Backfired On Employee...Injured
My girlfriend had a couple co-workers play a practical joke on her by holding a door shut. She injured herself while trying to open it, not knowing they were holding it. She hasn't been able to work since February. The employer wants to settle on the workers comp case for a small sum, but also she must resign from her job to receive this. Can she hold the parties responsible liable for further compensation? We don't know when,if ever she'll be able to return to work, and the amount the company is offering is barely equal to 6 months wages.
1 Answer from Attorneys
Re: Practical Joke Backfired On Employee...Injured
Employers and coemployees are generally immune from civil liability where there is an accepted workers compensation case. There are some very limited exceptions, including an "intentional injury" exception