Workers’ Compensation

ORS 656.578
Workers’ election whether to sue third person or noncomplying employer for damages

If a worker of a noncomplying employer receives a compensable injury in the course of employment, or if a worker receives a compensable injury due to the negligence or wrong of a third person (other than those exempt from liability under ORS 656.018 (Effect of providing coverage)), entitling the worker under ORS 656.154 (Injury due to negligence or wrong of a person not in the same employ as injured worker) to seek a remedy against such third person, such worker or, if death results from the injury, the other beneficiaries shall elect whether to recover damages from such employer or third person. If a worker leaves beneficiaries who are minors, the right of election shall be exercised by their surviving parent, if any; otherwise, such election shall be exercised by the guardian. [Formerly 656.312]


Last accessed
May 30, 2023