With 20+ years experience in Oregon workers’ compensation, John Hoadley represents the worker with personal attention and expertise. Call 503-626-6288 for a free consultation, or email your question; no fee without a recovery for you. Read more.
Workers’ compensation is a state-mandated insurance system which provides money to employees who suffer on the job injuries and illnesses. Oregon has its own laws and programs for workers’ compensation.
In general, an employee with a work-related illness or injury can get money from workers’ compensation regardless of who was at fault — the employee or the employer. In exchange for these guaranteed benefits, employees usually lose the right to sue the employer in court for damages for those injuries.
Work injuries can be the result of:
It is important to speak with an attorney who is knowledgeable about workers’ compensation claims. Employees have the right to claim workers’ compensation benefits, just as they have the right to other benefits like health insurance or unemployment. If you are injured at work, you should immediately seek medical treatment and advise your doctor that you were injured on the job. If you would like help finding the right doctor for your case or if you just have general questions, please call us at 503-626-6288. We will do our utmost to make sure you get all the benefits and money you are entitled to.
We can often answer your questions by phone and give you tips how to navigate the paperwork. There is no charge to give information or review your claim file. Oregon workers’ compensation is a very complex law and insurance companies can take advantage of unrepresented injured workers. If you have been hurt at work and have questions about your claim, please don’t hesitate to call us at 503-626-6288.
If your claim is accepted, you will get “time-loss” payments from the insurer if your doctor authorizes time off work or modified work (also called “light duty”) that results in lost wages. Time-loss payments usually begin two weeks after you report the claim to your employer, but only if the doctor provides written authorization to the insurer soon after you are injured. Otherwise, your first check will be mailed within two weeks from the date the insurer receives authorization from your doctor.
During each appointment, ask your doctor to send appropriate time-loss authorization to the insurer. If time-loss authorization expired before your appointment, your doctor can approve time-loss payments only for the previous two weeks. You may also help to ensure timely payment by contacting the insurer as soon as you begin to miss work.
Time-loss benefits, sometimes called temporary total disability (TTD) or temporary partial disability (TPD), are based on your weekly wage when you were injured. Generally, you will receive 66 percent of your wage at injury.
Often, the workers’ compensation insurance carrier will accept a condition which is not serious in comparison with more serious injury conditions resulting from a workplace accident. A common example is an accident in which the worker suffers a herniated disc in his or her back. The insurance company may accept a back strain while ignoring the more serious herniated disc in an attempt to make the worker believe he or she is fully covered. This is a good reason to seek representation from a lawyer who specializes in Oregon Workers’ Compensation law. The lawyer can obtain your file from the insurance company and review it at no charge to you.
Any time a claim is denied, it is important to contact a lawyer who is experienced in handling Oregon Workers’ Compensation claims. The denial must be appealed within 60 days of the date it was issued. While there is a provision that a denial may be appealed within 180 days of issue if the worker can show “good cause” for not filing it within 60 days, proving that you had “good cause” is difficult.
If you were injured in an accident, Oregon law provides that you must file a claim in writing within 30 days of the accident. While it may be acceptable to simply inform your employer that you were injured, the most effective way to file a claim is in writing. Often your employer will provide an “801” form for you to fill out. Keep a copy of your written notice of a claim.
If you were injured over a period of time, a claim must be filed within one year of the date a doctor informed you that your injury was caused by your work activities. This type of claim is known as an “occupational disease” claim.
