ORS 656.020 - Damage actions by workers against noncomplying employers

ORS 656.020
Damage actions by workers against noncomplying employers

Actions for damages may be brought by an injured worker or the legal representative of the injured worker against any employer who has failed to comply with ORS 656.017 (Employer required to pay compensation and perform other duties) or is in default under ORS 656.560 (Default in payment of premiums, fees, assessments or deposit). Except for the provisions of ORS 656.578 (Workers’ election whether to sue third person or noncomplying employer for damages) to 656.593 (Procedure when worker or beneficiary elects to bring action) and this section, such noncomplying employer is liable as the noncomplying employer would have been if this chapter had never been enacted. In such actions, it is no defense for the employer to show that:

(1)

The injury was caused in whole or in part by the negligence of a fellow-servant of the injured worker.

The negligence of the injured worker, other than a willful act committed for the purpose of sustaining the injury, contributed to the accident.

The injured worker had knowledge of the danger or assumed the risk that resulted in the injury. [1965 c.285 §7]

Failure to provide coverage is not actionable as breach of fiduciary duty. Hoffman v. Donahue, 136 Or App 26, 900 P2d 531 (1995)