What Will Happen After I file a Workers' Compensation Claim in Oregon?
I have not heard anything about my filed claim. What's going on?
It is important to understand that most employers have workers' compensation insurance to cover their employees if they are injured at work. However, the insurance companies have an interest in saving as much money as possible and are very meticulous in reviewing claims. Oftentimes, these insurance companies will deny valid workers' compensation claims.
After you file your claim, you will be contacted by your employer or their insurance company to confirm receipt of your claim. The employer/insurer has 60 days from receipt of the initial claim (usually an 801 or 827 Form) to either accept or deny your Oregon workers’ compensation claim. If your claim is accepted you will receive an Initial Notice of Acceptance explaining that your claim is accepted and what condition (injury or occupational disease) it is accepted for. The Notice of Acceptance will also state whether your claim is “disabling” or “non-disabling.”
An Oregon workers’ compensation claim is "disabling" when a worker must miss work due to his or her injury, or when the injury results in permanent impairment. An Oregon workers’ compensation claim is non-disabling when there are less than three days of missed work and the claim is not likely to result in permanent impairment for the injured worker.
What Happens if My Oregon Workers' Compensation Claim is Denied?
My workers' compensation claim is denied? How to I appeal this denial? How do I fight the insurance company?
If your claim is denied, you will receive a Denial of Claim notice informing you of the denial and of your appeal rights. A claim denial means the employer/insurer has denied your Oregon workers compensation claim and you will receive no benefits for your injury. You have 60 days from the date the denial issued to appeal the denial. If you believe the denial was issued in error and that you should receive benefits for your injury, then you should involve an Oregon Workers' Compensation attorney immediately. Your attorney should appeal the claim denial by filing a Request for Hearing with the Oregon Workers’ Compensation Board. We will offer you a free consultation if you believe your Oregon Workers' Compensation claim has been wrongfully denied.
What Kinds of Workers' Compensation Benefits am I Entitled to in Oregon?
Can I get my wages paid if I was injured at work? Can I get pain and suffering?
Injured workers in Oregon are entitled to be compensated for time lost from work. "Time loss" benefits (also known as temporary disability benefits) are equal to 66.66% or two-thirds of your wage at the time of the injury. Time loss benefits are paid to you by check every 14 days and are not taxable wages. Injured workers are also entitled to payment of medical costs such as treatment and prescription medication related to their work injury. Cash settlements or money awards are often available to workers with permanent impairment. If a worker's injury prevents him or her from returning to their job, then "vocational retraining" may be available to help the worker gain new job skills. Pain and suffering awards are not allowed in workers' compensation cases. However, if there was a third party at fault in your injury, like a motorist or some other party who is not your employer, then you may have a case against that party where you can get pain and suffering damages.
Here is a basic guide to workers' compensation law in Oregon. You can find information about how to file a claim, how to appeal a denied claim, and how to get help with your workers' compensation claim.
Who is Entitled to Workers' Compensation Benefits in Oregon?
What is workers' compensation? Can I get workers' compensation if I am an independent contractor? How long do I have to work somewhere to get workers' compensation?
It is a fact of life that people get injured at work. Sometimes injuries happen quickly and unexpectedly, like a slip in the bathroom or a crash of the delivery truck; other injuries take years to develop from the continuous strain of carrying heavy loads or other intense activities. Whatever the case may be, Oregon law requires most employers to carry insurance to benefit workers who are injured on the job. It is important to know that there is no fault to prove or disprove in workers' compensation. It does not matter if you are at fault or your employer is at fault or if any third party is at fault; for the purposes of receiving workers' compensation benefits, all that matters is whether your injury is work-related. However, if a third-party is at fault (someone not from your company) then you may have a law suit against that third party as well.
Oregon law states that "subject workers" are entitled to workers compensation benefits in Oregon. The vast majority of workers in Oregon are “subject workers.” Being a subject worker means that you are employed by a company or individual for a salary or hourly wages. It does not matter how long you have worked at your job. Independent contractors are not subject workers. However, in some instances a worker may have been improperly categorized as an independent contractor by the employer. In these cases, the worker is entitled to benefits under Oregon’s workers’ compensation laws.
When Do I file an Oregon Workers' Compensation Claim?
A workers’ compensation claim should be filed as soon as possible after a workplace injury or death. Workers who have developed a disease (as opposed to an acute injury) should file a claim as soon as they have reason to believe the disease is related to their employment (i.e., as soon as a doctor tells you your condition might be work-related). Common "occupational diseases" include hearing loss and carpal tunnel syndrome. Stress and mental disorders are also considered occupational diseases. A worker usually learns his or her disease is work-related after being informed by their physician. If you are concerned you may have developed an occupational disease, seek the counsel of your physician or a workers’ compensation attorney.
How Do I File an Oregon Workers' Compensation Claim?
How do I file a workers' compensation claim in Oregon? What forms do I need to file and where do I file them?
Filing a workers' compensation claim is a straightforward process. Many hospitals and doctor's offices are familiar with work-related injuries and have the forms on hand. You can also read below and follow the links to download the forms that you need, or you can request them from your employer.In Oregon, a workers’ compensation claim should be filed with either an 801 Form or an 827 Form. An 801 Form is usually completed by the worker or the employer (or both). An 827 Form is usually completed by the worker’s physician. Both forms require the worker’s signature in order to constitute a legal claim under Oregon law. 801 and 827 Forms can be found at the Oregon Workers’ Compensation Division website: here.
Your employer, physician, or an Oregon workers’ compensation attorney can also help you obtain these forms. If you have any questions about which forms to file, do not hesitate to give us a call.
How Much Will an Oregon Workers' Compensation Attorney Cost?
Retaining an Oregon workers’ compensation attorney is free. Your attorney will only be paid if they win or settle your case. If you decide to retain an attorney for your workers’ compensation case, you will need to sign a retainer agreement. You will never need to pay for an Oregon workers’ compensation attorney out of pocket.