Portland Workers' Compensation
Alana C. DiCicco Law is a Portland, Beaverton, and Clackamas based law firm specializing in workplace injuries
WE APPEAL DENIED CLAIMS
No recovery, no fee
APPEAL DENIED CLAIMS
We can help appeal your denied workers' comp claim to defend your benefits
We can help you obtain a tax-free cash settlement of your workers' comp claim
NO OUT OF POCKET FEES
You will never get a bill from us. We get paid when we win.
There is never a charge to meet with us or to talk on the phone
We have offices in Beaverton, Clackamas, and Portland, and can meet online for clients who are outside of the Portland metro area
HEARING LOSS BENEFITS
We are experts in the field of work-related hearing loss claims
Oregon Workers' Compensation Guide
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.
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 a Portland 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 TO COMPLETE AN 801 INITIAL CLAIM FORM
How Much Will an Portland Workers' Compensation Attorney Cost?
Retaining an Portland 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 Portland workers’ compensation attorney out of pocket.
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.
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 a Portland 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 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 I AM HURT ON THE JOB?
Timeline of an Oregon Workers' Compensation Claim
What Will Happen After a Work Injury?
Step 1: Filing Your Claim
Your Oregon workers' compensation claim begins the day you are injured or the first day you seek treatment for the injury.
Deadline for Filing Your Workers' Compensation Claim
Injury versus Occupational Disease?
If you were injured at work, you have 90 days to file a claim. You can also file within one year as long as the employer knew about the injury. If you have an occupational disease (i.e., a condition that develops over time such as carpal tunnel syndrome or hearing loss), you have one year from when a medical doctor first told you the condition was work related to file your claim.
Step 2: Acceptance or Denial
Once you have filed your claim, the workers' compensation insurer has 60 days to accept for deny the claim. They will send you a written letter indicating if the claim is accepted or denied. At this point, you will want to consider whether you need an attorney. If the claim is accepted for the condition you are treating for and all your benefits are being paid, you probably do not need a workers' compensation attorney.
Reasons you might need a workers' compensation lawyer:
1. The claim is denied. If your claim is denied you have 60 days to appeal the denial. You will need an attorney to assist with the appeal. If you have a denial, it is best to contact an attorney immediately so you do not miss the deadline.
2. The claim is accepted but you are not being paid your benefits. If the claim is accepted but you are not receiving the proper amount of time loss, or other benefits are not being paid, you will want to talk to a Portland workers' compensation attorney.
3. The claim is accepted but not for the right condition. This is very common and should be a red flag. For example, an insurer will very often accept a knee strain when the actual injury is a meniscus tear. It appears you claim is accepted, but the insurer is actually only agreeing to pay for benefits related to the accepted strain. This means you would have no workers' comp rights or benefits related to the surgery to repair the meniscus or miss time off work due to the surgery.
Step 3: Treatment and Time Loss
Once you have an accepted claim, you will be able to obtain treatment for your injury. All your medical costs including prescriptions should be covered by the workers' comp insurer. Your attending physician will coordinate your treatment including prescribing medication, referring you to a specialist, and giving you work restrictions.
You may also miss work during this period if you have work restrictions. If you miss work for your work injury, you will be entitled to time loss. This should be two thirds of your average weekly wage, tax-free.
Step 4: Claim Closure
Once you are done treating for your claim, you become medically stationary. Medically stationary does not mean you are completely healed. Rather, it indicates you no longer need active treatment for your injury. It is your attending physician who determines if you are medically stationary.
At this point, the attending physician also determines if you can return to the job at injury or not. If you are released to the job at injury, you may return to work. If you are not able to return to the job at injury, your attending physician determines your work disability. Work disability is your permanent work limitations such as how much you can lift, or how long you can be on your feet. You will be entitled to a cash payout for your work disability that is calculated based on the level of disability compared with your work capabilities prior to the work injury.
Finally, the attending physician determines if you have any permanent impairment (also called PPD). This relates to permanent physical impairment such as loss of range of motion or sensation loss. There is an automatic rating of permanent impairment given for some surgeries. You will be entitled to a cash payout for your permanent impairment that is calculated based on the amount of permanent physical limitations and any surgeries you had for your work injury.
Once your attending physician has made these determinations, the insurer will issue a Notice of Closure. This is a letter you will get in the mail telling you your claim is closed and detailing your permanent impairment (PPD) award and work disability award, if any. If you have questions about your Notice of Closure or you think your cash award is wrong, you should contact a workers' compensation attorney right away. You can call us with questions any time at 503-975-5535.
Step 5: Vocational Retraining
If you are not release to the job at injury, you may be entitled to vocational retraining. First, you have a vocational eligibility evaluation. The evaluator will determine what kinds of limits you have on returning to work in a job that will pay you at least 80 percent of your job at injury. If it will be easy for you to return to work, you will likely not be found eligible for vocational retraining. However, if it will be difficult for you to find work that pays about as much as the job at injury, you likely will be eligible for vocational retraining. If so, you will work with a vocational counselor to select a retraining program. Time loss will continue to be paid while you are in a retraining program.
Step 6: Aggravation
After your claim is closed, you have five years of aggravation rights. During this period you can file an aggravation claim for your workers' compensation injury. An aggravation is pathological worsening of the accepted claim. usually this means your injury or condition has worsened to the point you need another surgery, more treatment, and/or you have new work restrictions. An aggravation is generally filed via an 827 Form completed by you and your doctor. Any doctor office in Oregon will have these forms. When an aggravation claim is filed, the insurer will once again have 60 days to accept or deny the aggravation claim and the above process will begin again.
Portland Workers' Compensation Attorney
At Alana C. DiCicco Law, we're dedicated to ensuring you are represented in navigating all aspects of your workers' compensation claim - you don't have to go it alone!
Alana has practiced workers' compensation law in Oregon for more than ten years and represented over four hundred clients before the Oregon Workers' Compensation Board. She has also served on the Oregon State Bar Workers' Compensation Executive Committee. She has extensive experience in the complicated area of Oregon's workers' compensation laws.
Alana has been a licensed attorney with the Oregon State Bar since 2007.
Who Are We?
Alana has extensive experience in the field of Oregon Workers' Compensation Law. She worked for several large defense workers' compensation law firms before opening her own practice and following her dream of representing injured workers.
Her background as both a defense and claimant's attorney gives her particular insight into managing a successful workers' compensation case. She is dedicated to helping her clients obtain all the benefits they are entitled to under the law.
Alana lives in Portland, Oregon with her husband, son, and daughter. She enjoys helping her clients, painting, reading, and the outdoors.
Don't miss a deadline! It's important to speak with an attorney as soon as you have a denied claim. We are always happy to take your call and talk through your unique situation.
ALANA C. DICICCO LAW
CALL US ANYTIME (503) 975-5535
Have a question about your claim? Want to inquire about representation? Send us an e-mail and we will get right back to you.
1500 NW Bethany Blvd., Suite 200
Beaverton, OR 97008
10121 SE Sunnyside Rd., Suite 300
Clackamas, OR 97015
205 SE Spokane St., Suite 300
Portland, OR 97202
9450 SW Gemini Dr #78393 Beaverton, OR 97008
Phone (503) 975-5535 Fax (503) 926-9103