Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
If you miss work at more than one job because of an injury in Oregon, you may recover lost wages through either a workers’ compensation claim (if the injury arose out of and in the course of employment) or a personal injury claim against a third party. Sometimes you need to pursue both to cover income from different employers.
1. Workers’ Compensation Claim
- Report the injury in writing to your covered employer within 90 days (ORS 656.265). Employers must carry workers’ compensation insurance under ORS 656.017.
- Complete and submit Form 801 (Worker’s and Physician’s Report of Occupational Injury). Your employer forwards this to their insurer.
- The insurer evaluates your average weekly wage (AWW) at the job where you were injured, per ORS 656.210. The AWW calculation uses wages, overtime, and regular allowances (https://www.oregonlegislature.gov/bills_laws/ors/ors656.html).
- If your treating doctor restricts you from all work, you may receive temporary total disability benefits at 60%–75% of your AWW (ORS 656.212). If you can perform some work, you may qualify for temporary partial disability at 75% of the difference between pre- and post-injury AWW.
- Workers’ compensation covers wage loss only from the job where the injury occurred. It does not cover earnings from other employers.
2. Third-Party Personal Injury Claim
If a negligent party caused your injury, you can sue for lost earnings from all jobs:
- Gather pay records: W-2s, 1099s, pay stubs and income tax returns from each job.
- Calculate past lost wages by comparing pre-injury and post-injury earnings.
- Estimate future lost earnings with the help of a vocational expert, if you cannot return to one or both positions.
- File your lawsuit before the two-year statute of limitations for personal injury in Oregon (ORS 12.110, https://www.oregonlegislature.gov/bills_laws/ors/ors12.html#12.110).
- Include claims for both economic damages (wage loss) and non-economic damages (pain and suffering).
3. Combining Claims
- File a workers’ compensation claim first to secure immediate benefits for your primary job.
- Preserve your right to a third-party claim by providing timely notice to the insurer or defendant.
- If you obtain workers’ compensation benefits for one job, you must mitigate those benefits in a third-party settlement to avoid double recovery.
By pursuing both avenues, you can recover lost wages from multiple employers and ensure full compensation for your income losses in Oregon.
Helpful Hints
- Document your medical restrictions in writing.
- Keep detailed time logs showing scheduled hours versus hours worked.
- Notify each employer and the insurer promptly in writing.
- Consult a personal injury attorney before signing any settlement offer.
- Track all out-of-pocket expenses related to your injury (transportation, medical co-pays).