Written by Don Jacobs, Trial Attorney

Many people drive for a living. People injured on driving jobs in Oregon have a right to file a workers compensation claim. The claim, in theory, will pay for all medical care and a portion of their lost wages. Retraining and a disability award can also happen depending on the case facts. What is not covered is any compensation for pain and suffering, permanent loss of their health or disruption the injury created in their life. These damages are fully recoverable however if one is injured in a tort claim, such as an injury caused by a careless driver. When a worker’s injury is caused by someone not employed with their company, the worker also has a right to bring a tort claim and still receive workers compensation benefits. So what happens if the person from outside the job who caused the injury is uninsured? Many employers carry uninsured motorist coverage on company vehicles. If so, the injured worker is entitled to more than just the usual worker’s compensation benefits. Although the insurance company is allowed to deduct from these benefits what was paid under the worker’s compensation coverage, the worker is still entitled to extra compensation if this coverage exists. The lesson to be learned is to always ask if your employer carried this coverage if injured while driving a company vehicle.