Oregon Revised Statutes
Or. Rev. Stat. § 656.154 (2026)
Injury due to negligence or wrong of a person not in the same employ as injured worker; remedy against such person
✓ current as of May 2026
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656.154 Injury due to negligence or wrong of a person not in the same employ as injured worker; remedy against such person. If the injury to a worker is due to the negligence or wrong of a third person not in the same employ, the injured worker, or if death results from the injury, the spouse, children or other dependents, as the case may be, may elect to seek a remedy against such third person. [Amended by 1959 c.504 §1; 1975 c.152 §1; 1985 c.212 §4]
Notes of Decisions
Cited in 92
cases (3 in the last 5 years), 1955–2026 · leading case: Vasquez v. Double Press Mfg., Inc., 437 P.3d 1107 (Or. 2019).
Vasquez v. Double Press Mfg., Inc., 437 P.3d 1107 (Or. 2019). “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 656.154 (if workplace…”
Thomas v. Foglio, 358 P.2d 1066 (Or. 1961). “Plaintiff recovered compensation from the State Industrial Accident Commission and then brought this third party action as provided by ORS 656.154. At the time of the accident plaintiff was employed by Elk Creek Logging Company as a loader.”
Cole v. Zidell Explorations, Inc., 550 P.2d 1194 (Or. 1976). “Plaintiff appeals from a judgment in favor of defendant, based upon findings of fact and conclusions of law by the trial court to the effect that plaintiff’s action was barred by ORS 656.154 by reason of "joint supervision and control” exercised by defendant and plaintiff’s…”
Shoemaker v. Johnson, 407 P.2d 257 (Or. 1965). “ORS 656.154 provides: "(1) If the injury to a workman is due to the negligence or wrong of a third person not in the same employ, the injured workman, or if death results from the injury, his widow, children or other dependents, as the case may be, may elect to seek a remedy…”
Perkins v. Willamette Indus., Inc., 542 P.2d 473 (Or. 1975). “Defendant filed a supplemental answer alleging that defendant and plaintiff's employer shared joint supervision and control of the premises and that, therefore, under ORS 656.154 plaintiff was restricted to the benefits of the Workmen's Compensation Act.”
State Accident Ins. Fund v. Meredith, 802 P.2d 95 (Or. Ct. App. 1990). “591(1), 1 which permits an assignment to the paying *573 agency of a third party action that a worker is entitled to maintain pursuant to ORS 656.154. ORS 656.154 provides: “If the injury to a worker is due to the negligence or wrong of a third person not in the same employ, the…”
Deitz v. Savaria, 491 P.2d 620 (Or. 1971). “Defendants interposed pleas of joint supervision and control under ORS 656.154 of the Act in bar of the action.”
Johnson v. Timber Structures, Inc., 281 P.2d 723 (Or. 1955). “Defendant as a defense to the action claims that at the time of the injury it was on premises over which it had joint supervision and control with plaintiff's employer, bringing it immunity under ORS 656.154, which is as follows: "(1) If the injury to a workman is due to the…”
Toole v. EBI Companies, 838 P.2d 60 (Or. 1992). “ORS 656.154 provides: “If the injury to a worker is due to the negligence or wrong of a third person not in the same employ, the injured worker * * * may elect to seek a remedy against such third person.”
Rash v. McKinstry Co., 20 P.3d 197 (Or. 2001). “ORS 656.154; ORS 656.578. 1 If a claimant so elects, then the entity that paid the claim (the “paying agency”) has a lien against the claimant’s action against the third party that is second only to the cost of recovering those damages.”
Ore-Ida Foods, Inc. v. Indian Head Cattle Co., 627 P.2d 469 (Or. 1981). “018), entitling him under ORS 656.154 to seek a remedy against such third person, such worker or, if death results from the injury, the other beneficiaries[ [1a] ] shall elect whether to recover damages from such employer or third person.”
Fields v. Jantec, Inc., 857 P.2d 95 (Or. 1993). “ORS 656.154 provides in part that, “[i]f the injury to a worker is due to the negligence or wrong of a third person not in the same employ, the injured worker * * * may elect to seek a remedy against such third person.”
— Or. Rev. Stat. § 656.154(1) — 7 cases
Cole v. Zidell Explorations, Inc., 550 P.2d 1194 (Or. 1976). “Plaintiff appeals from a judgment in favor of defendant, based upon findings of fact and conclusions of law by the trial court to the effect that plaintiff’s action was barred by ORS 656.154 by reason of "joint supervision and control” exercised by defendant and plaintiff’s…”
Gibson v. Safeway Stores, Inc., 764 P.2d 548 (Or. 1988).
Gordon H. Ball, Inc. v. Oregon Erecting Co., 539 P.2d 1059 (Or. 1975).
Shoemaker v. Johnson, 407 P.2d 257 (Or. 1965). “ORS 656.154 provides: "(1) If the injury to a workman is due to the negligence or wrong of a third person not in the same employ, the injured workman, or if death results from the injury, his widow, children or other dependents, as the case may be, may elect to seek a remedy…”
State Accident Ins. Fund v. Meredith, 802 P.2d 95 (Or. Ct. App. 1990). “591(1), 1 which permits an assignment to the paying *573 agency of a third party action that a worker is entitled to maintain pursuant to ORS 656.154. ORS 656.154 provides: “If the injury to a worker is due to the negligence or wrong of a third person not in the same employ, the…”
— Or. Rev. Stat. § 656.154(3) — 3 cases
Gorham v. Swanson, 453 P.2d 670 (Or. 1969).
Boling v. Nork, 375 P.2d 548 (Or. 1962).
Cody v. Disco, Inc., 628 P.2d 766 (Or. Ct. App. 1981).
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