656.020 Damage
actions by workers against noncomplying employers; defenses outlawed. 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 or is in default under
ORS 656.560. Except for the provisions of ORS 656.578 to 656.593 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.
(2) The
negligence of the injured worker, other than a willful act committed for the
purpose of sustaining the injury, contributed to the accident.
(3) The injured
worker had knowledge of the danger or assumed the risk that resulted in the
injury. [1965 c.285 §7]
Notes of Decisions
Vasquez v. Double Press Mfg., Inc., 437 P.3d 1107 (Or. 2019).
· cites it 2× “, ORS 656.020 (authorizing actions for damages against employers who are not in compliance with the workers' compensation laws, but abolishing historical defenses to such actions such as contributory negligence, the fellow-servant rule, and assumption of risk); ORS 656.”
Tri-State Constr., Inc. v. Columbia Cas. Co./CNA, 692 P.2d 899 (Wash. Ct. App. 1984).
· cites it 4× “Or. Rev. Stat. § 656.020 , however, expressly permits *316 actions for damages where the employer has failed to comply with the workers' compensation statute.”
Haret v. State Accident Ins. Fund Corp., 697 P.2d 201 (Or. Ct. App. 1985).
· cites it 2× “[5] The injured worker may maintain an action for damages against a noncomplying employer for a job-related injury, ORS 656.020, and also for injuries caused by the negligence of a third person not in the same employ.”
Blacknall v. Westwood Corp., 764 P.2d 544 (Or. 1988).
· cites it 3× “ORS 656.020 states that damage actions may be brought “by an injured worker * * * against any employer who has failed to comply with ORS 656.”
Sacher v. Bohemia, Inc., 731 P.2d 434 (Or. 1987).
“ORS 656.020 allows injured workers to bring an action for damages against their employer, if that employer has failed to comply with the requirements of the Workers’ Compensation Law.”
Fields v. Jantec, Inc., 857 P.2d 95 (Or. 1993).
“” ORS 656.020 provides that an injured worker may bring an action for damages “against any employer who has failed to comply with ORS 656.”
Martelli v. RA Chambers & Assocs., 800 P.2d 766 (Or. 1990).
“” This penalty by loss of immunity, continued in section 7 of the 1965 revision, today is found in ORS 656.020 and implemented by ORS 656.578.”
Peterson v. Culp, 465 P.2d 876 (Or. 1970).
“335; Noncomplying employer under Workmen's Compensation Law, ORS 656.020; Intrastate Railroad Employees, ORS 764.”
Love v. Nw. Expl. Co., 678 P.2d 754 (Or. Ct. App. 1984).
“Northwest argues that under ORS 656.020 plaintiffs remedy in tort is against J & N.”
Candee v. State Accident Ins. Fund, 595 P.2d 1381 (Or. Ct. App. 1979).
· cites it 3× “ORS 656.020. Subsequent to her on-the-job injury, claimant did not work until she was released by her treating doctor for modified work on September 23, 1976.”
Senn v. Am. States Ins., 639 P.2d 1281 (Or. Ct. App. 1982).
“See ORS 656.020. She obtained a judgment against the employer.”
— Or. Rev. Stat. § 656.020(1) — 1 case
Blacknall v. Westwood Corp., 764 P.2d 544 (Or. 1988).
“ORS 656.020 states that damage actions may be brought “by an injured worker * * * against any employer who has failed to comply with ORS 656.”
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