Lake Oswego Construction Accident Lawyers

Straightforward advocates for injured construction workers who deserve more than a workers' comp check.

Construction sites are dangerous, even when every safety rule is followed. When one is not, workers pay the price. Our Lake Oswego construction accident lawyers help injured workers understand two very different paths to compensation: a workers' compensation claim against their employer, and a separate third-party claim against whoever else caused the accident.

Many injured workers never learn about the third-party option, and they leave real compensation on the table. That second claim can cover pain and suffering that workers' comp does not pay for.

Lake Oswego and the surrounding Clackamas County area have seen steady residential and commercial building activity in recent years, and with more active job sites comes more risk. Whether you were hurt on a home remodel, a new apartment complex, or a commercial build, our approach stays the same. We sort out every claim available to you, so you are not left relying on workers' comp alone.

Call (503) 564-7713 for a free consultation. We do not charge a fee unless we recover money for you.

What Should I Do After a Construction Accident in Lake Oswego?

Report the accident to your supervisor right away, then get medical care. These first steps protect both your health and your legal rights. Waiting to report an injury can give an insurance company a reason to question your claim later.

A few more steps help protect your claim:

• Ask for a copy of the incident report once it is filed.
• Take photos of the equipment, scaffolding, or hazard that caused your injury, before the site is cleaned up or altered.
• Get the names of coworkers who saw what happened.
• See a doctor as soon as possible, even if your injury seems minor at first. Some injuries, like back strain or a concussion, get worse over the following days.
• Follow every treatment recommendation, because gaps in care can be used against you later.

Before you sign anything from your employer's insurance company, call our office. We offer a free consultation and can explain exactly what you are being asked to sign.

What Is Workers' Compensation and What Does It Cover?

Workers' compensation, often called workers' comp, is insurance that most Oregon employers must carry to cover employees hurt on the job. It generally covers your medical bills and a portion of your lost wages, regardless of who was at fault for the accident. In exchange, workers' comp is usually the only claim you can bring directly against your own employer.

What Workers' Comp Does Not Cover

That trade-off matters. Workers' comp does not pay for:

• Pain and suffering
• Emotional distress
• The full value of your lost future earning capacity

It pays only a portion of your wages, and benefits are set by a fixed schedule rather than what a jury might award.

Who Oversees Workers' Comp in Oregon

The Oregon Workers' Compensation Division, known as the WCD, oversees this system and can answer questions about your benefits. You can learn more at the Oregon Workers' Compensation Division.

Workers' comp claims also follow their own reporting rules, separate from the 2 year deadline that applies to a third-party lawsuit. Reporting your injury quickly to your employer helps protect this claim, while a lawyer helps make sure your separate third-party deadline is not missed at the same time.

Can I File a Claim Against Someone Other Than My Employer?

Yes, in many construction accidents you can file a separate claim, called a third-party claim, against a party other than your employer. This personal injury claim after an accident is not limited by workers' comp rules, so it can include pain and suffering and the full value of your losses. It is often the most overlooked source of compensation for injured construction workers.

A third-party claim might target:

• A subcontractor who created a hazard
• A general contractor who failed to coordinate safety on site
• A property owner who ignored a dangerous condition
• A manufacturer whose defective equipment caused your injury

These parties are not your employer, so the usual workers' comp limits do not apply to them.

Third-party claims generally follow the standard 2 year deadline under Oregon Revised Statutes (ORS) 12.110, which you can read at ORS 12.110, separate from your workers' comp reporting deadline. Because two different clocks are running at once, it helps to have a lawyer tracking both from the start.

Call (503) 564-7713 today so we can find out whether a third-party claim applies to your accident. Your free consultation costs nothing and comes with no obligation.

What Is the Difference Between a Workers' Comp Claim and a Third-Party Claim?

A workers' comp claim goes against your employer's insurance and covers medical bills plus partial wage replacement, no matter who was at fault. A third-party claim goes against someone other than your employer and can recover the full damages to seek after an accident, including pain and suffering. Many injured workers qualify for both claims at the same time.

Feature	Workers' Compensation Claim	Third-Party Claim
Who it is against	Your own employer's insurance	A negligent party who is not your employer
Fault required	No, generally covered regardless of fault	Yes, you must show the other party was negligent
Medical bills	Covered	Can be recovered as part of damages
Lost wages	Partial, set by a fixed schedule	Full lost income and future earning capacity
Pain and suffering	Not covered	Can be recovered

Because these two claims run on separate tracks, pursuing one does not cancel out the other. Our team regularly handles both at once, so you get everything you are entitled to.

What Are the Most Common Causes of Construction Site Injuries?

Falls, being struck by falling or moving objects, and scaffold failures cause many of the most serious construction injuries we see. These hazards are well known in the industry, which is exactly why safety rules exist to prevent them. When a hazard was preventable, that often points to negligence.

The most common causes we see include:

• Falls from ladders, roofs, or unguarded edges, when fall protection like guardrails or harnesses is missing or not enforced
• Struck-by injuries, when tools, materials, or equipment fall from above or workers are hit by vehicles moving around a busy site
• Scaffold collapses, often tracing back to improper assembly or overloading
• Electrocution
• Trench collapses
• Equipment malfunctions

Identifying the specific cause of your accident is the first step toward figuring out who is responsible.

What Role Does Oregon OSHA Play After a Construction Accident?

Oregon OSHA is the state agency that enforces workplace safety rules under the Oregon Safe Employment Act. After a serious construction accident, Oregon OSHA may investigate the site, cite safety violations, and create records that can support your legal claim. Their findings often become important evidence.

The Oregon Safe Employment Act, found in ORS chapter 654, sets the baseline safety standards every employer and contractor on a job site must follow. When a citation shows a company ignored fall protection, scaffold, or equipment rules, that citation can help prove negligence in a third-party claim. You can review current safety standards directly at Oregon OSHA.

Our Lake Oswego construction accident lawyers request Oregon OSHA reports early in every case. These records often reveal exactly what went wrong, and who is responsible for fixing it.

Why Does Evidence Disappear Quickly After a Construction Accident?

Construction sites change fast, because work has to continue and equipment gets moved, repaired, or replaced within days of an accident. Once a hazard is fixed or a broken tool is discarded, key evidence can be gone for good. This is why acting quickly matters so much.

On almost every case, we start discovery, the formal process of gathering evidence, from day one. We send preservation letters demanding that equipment, surveillance footage, and site conditions be kept intact. Waiting even a few weeks can mean the difference between having proof and having only your word.

"On almost every case we're starting discovery from day one, and we're getting out in front of that." Lewis Landerholm, founder of Pacific Cascade Legal

Fast action protects your claim before critical evidence disappears.

Why Choose Pacific Cascade Legal for Your Construction Accident Claim?

We are straightforward, level headed advocates who understand both sides of a construction injury case, the workers' comp process and the third-party claim. Pacific Cascade Legal was founded in 2009 by Lewis Landerholm, and our roughly 40 person team includes personal injury attorneys with 35 years and 20 years of experience.

Here is what working with our team includes:

• 100% free consultations and contingency fee representation, so you pay nothing unless we recover money for you
• A client match intake process and aftercare program that support you long after your case wraps up
• A partner referral network that helps if your case needs an additional type of specialist
• More than 340 Google reviews reflecting the trust our clients place in our team

Ask Pacific Cascade Legal

Here are answers to a few questions people often search before they call our office.

Can I Get Fired for Filing a Workers' Comp Claim in Oregon?

Oregon law protects workers from retaliation for filing a legitimate workers' comp claim. If you believe you were fired or punished for reporting an injury, tell us right away. Retaliation can create an additional legal claim on top of your injury claim.

Do I Need a Lawyer for a Simple Workers' Comp Claim?

Not every workers' comp claim requires a lawyer, especially if the injury is minor and the claim is accepted without dispute. However, if your claim is denied, or if a third-party claim might apply, a free consultation with our team can help you understand what you might be missing.

What If My Employer Says the Accident Was My Fault?

Workers' comp generally covers you regardless of fault, so your employer's opinion does not automatically end your claim. Even if you contributed to the accident, you may still qualify for benefits, and a third-party claim against another responsible party may still be available. Talk to us before accepting a denial at face value.

How Long Does a Construction Injury Claim Take to Resolve?

Simple workers' comp claims can resolve in a matter of weeks, while third-party claims involving serious injuries often take several months to a year or more. Cases that require investigation, expert review, or litigation naturally take longer. We keep you updated at every stage so you always know where your case stands.

Frequently Asked Questions