Oregon Statutes - Chapter 656 - Workers' Compensation - Section 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), entitling the worker under ORS 656.154 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]

Section:  Previous  656.556  656.558  656.560  656.562  656.564  656.566  656.576  656.578  656.580  656.582  656.583  656.584  656.586  656.587  656.588  Next

Last modified: August 7, 2008