1. (§4.3) In General
Library | Workers' Compensation (OSBar) (2008 Ed.) |
A. Exclusive Remedy Against Complying Employer
1. (§4.3) In General
For a complying employer, subject workers incurring compensable injuries and their beneficiaries are limited to compensation as provided in ORS chapter 656. All common-law and other statutory remedies are barred.
Except as specifically provided in ORS chapter 656, "[t]he liability of every employer who satisfies the duty required by ORS 656.017(1) is exclusive and in place of all other liability arising out of [compensable] injuries, diseases, symptom complexes or similar conditions" to the subject workers and their beneficiaries. ORS 656.018(1)(a); Blacknall v. Westwood Corporation, 307 Or 113, 117, 764 P2d 544 (1988); see Robinson v. Omark Industries, 46 Or App 263, 269, 611 P2d 665 (1980).
The exclusive remedy provision also applies to temporary service providers as that term is defined in ORS 656.850(1)(c) ("a person who provides workers, by contract and for a fee, to a client on a temporary basis") as well as to the clients to whom the workers are provided when the temporary service provider complies with ORS 656.017 by having coverage. ORS 656.018(5)(a). The exemption from liability given to a client under ORS 656.018(5)(a) extends to the client's insurer, the self-insured client's claims administrator, the Department of Consumer and Business Services, and the contracted agents, employees, officers, and directors of the client, the client's insurer, the self-insured client's administrator, and the department. ORS 656.018(5)(b). The exemption from liability is limited by the conditions delineated in 656.018(3) and (5), which are explained in §4.4.
A complying employer is not liable for contribution or indemnity to third persons who are held...
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- Chapter 4 Coverage; Compliance by Employer
- I. Introduction: General Principles and Definitions
- A. (§4.1) Statutory Obligation of Subject Employer
- B. (§4.2) Definitions
- II. Benefits of Employer Compliance
- A. Benefits of Employer Compliance
- 1. (§4.3) In General
- 2. (§4.4) Exception for Intentional Injuries
- B. Exclusive Remedy Against Other Parties
- 1. (§4.5) In General
- 2. (§4.6) Exceptions
- III. Methods of Employer Compliance
- A. (§4.7) In General
- B. (§4.8) Carrier-insured Employer
- C. (§4.9) Self-insured Employer
- D. (§4.10) Self-insured Employer Groups
- E. (§4.11) Effective Date of Coverage or Compliance
- IV. Duration and Terminaton of Coverage
- A. (§4.12) Coverage
- B. (§4.13) Cancellation by Employer
- C. (§4.14) Termination or Cancellation by Insurer
- D. (§4.15) Duration of Certification of Self-insured Employer
- V. Effects of Employer's Violations and Defaults
- A. (§4.16) Civil Penalties for Certain Employer Violations
- B. (§4.17) Assessment of Penalties for Noncompliance
- C. (§4.18) Liability of Noncomplying Employer for Compensable Injuries
- D. (§4.19) Persons Responsible for Penalties and Costs
- E. (§4.20) Remedies of Injured Worker and Paying Agent Against Noncomplying Employer
- F. (§4.21) Claim by Saif Against Employer in Default
- VI. Determination of Noncompliance; Hearings and Appeal
- A. (§4.22) In General
- B. (§4.23) Initiation of Noncompliance Determination
- C. (§4.24) Additional Parties to Noncompliance Proceedings
- D. (§4.25) Conduct of Hearings and Judicial Review
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