Detailed Answer
When an accident-related injury prevents you from working, Oregon law offers several paths to recover lost wages. Your options include filing a negligence claim, seeking workers’ compensation benefits, using uninsured/underinsured motorist coverage, and tapping private or federal disability programs.
1. Negligence Claims Against At-Fault Parties
If another party’s careless or wrongful act caused your injury, you can bring a personal injury lawsuit to recover economic damages. Economic damages include both past and future wage losses. Under Oregon Revised Statutes (ORS) 31.710, you may recover “expenses for necessary medical care and attention” as well as “other economic damages,” which the courts interpret to cover lost earnings. See ORS 31.710.
2. Workers’ Compensation Benefits
If you suffered your injury on the job, Oregon’s workers’ compensation system provides wage-replacement benefits. The system pays a percentage of your average weekly wage when you cannot perform your job due to a work-related injury or illness. Key statutes include ORS 656.005 et seq. (definitions and coverage) and ORS 656.210 (temporary disability benefits). See ORS 656.005 and ORS 656.210.
3. Uninsured/Underinsured Motorist Coverage
If an uninsured or underinsured driver caused your accident, your own auto insurance policy likely includes uninsured/underinsured motorist (UM/UIM) coverage. UM/UIM benefits can cover medical costs and lost wages up to your policy limits. Oregon law requires insurers to offer this coverage. See ORS 742.502.
4. Private Disability Insurance
If you have short-term or long-term disability insurance through your employer or a private policy, you can file a claim for wage replacement. These policies typically pay a percentage of your regular income after a waiting period. Review your policy’s terms, benefit caps, and filing deadlines.
5. Social Security Disability Insurance (SSDI)
If your injury results in a long-term disability that prevents any substantial gainful activity, you may qualify for SSDI through the Social Security Administration. SSDI benefits can provide ongoing income until you can return to work or reach retirement age.
Helpful Hints
- Keep detailed records of lost work time, including pay stubs, timesheets, and employer statements.
- Seek prompt medical evaluation and follow all treatment plans to strengthen your claim.
- Notify your employer and insurer immediately after a work injury to meet filing deadlines.
- Contact your auto insurer quickly to preserve uninsured/underinsured motorist rights.
- Consult an attorney before settling any claim to ensure you recover full lost wages and related benefits.
Disclaimer: This article provides general information about Oregon law. It does not constitute legal advice. For advice specific to your situation, consult a qualified attorney.