A two-vehicle accident involving a Portland police officer earlier this month merits special attention because of what it can teach us about civil options beyond workman’s comp available to people injured on the job.
The Oregonian reports that “a Portland police officer and another driver were seriously hurt” in a crash in I-205 earlier in March. “The officer was working a ‘static detail’ at a construction site on the northbound interstate south of Southeast Division Street when a driver hit the officer’s vehicle from behind. The officer was pinned in the vehicle and was extracted,” the newspaper writes. Injuries to both the officer and the driver of the SUV that allegedly struck his car are described as serious but not life-threatening.
From a legal perspective the officer now has some important choices to make. At this point most readers will rightly assume that the officer, having been injured on the job, will be covered under the police department’s workers’ compensation insurance program. That is true, but it is not the whole story. Under Oregon law the officer also has the right to hire his own attorney and can seek to recover non-economic damages related to the accident. “Non-economic damages” is a broad legal category that includes things such as pain and suffering and changes to the victim’s life. They do not include things like medical bills and lost wages and, as the legal resource website Justia explains “are less concrete than economic damages and are subjectively evaluated” whether by a judge or jury. (see link below) This element of subjectivity makes it especially important for anyone who has been injured in an accident to consult an experienced attorney who can walk victims and their families through the options and the evaluation process.