top of page
You need your job to earn a livelihood, and your employer needs you to keep their business operating as well. Oregon law also requires your employer to provide a reasonable amount of care for your safety at your workplace. Because of their negligence, you may be eligible for an Oregon work injury attorney if you are injured on the job.
When you or a loved one suffers an injury on the job, it may be a major setback. When an injury occurs at work, we understand how challenging it is for you and your loved ones. Recovering your medical treatment costs and lost wages are only the beginning of the challenges that you will face. Oregon law mandates certain workman compensation benefits, but the paperwork is complicated and unpleasant. Our experienced Oregon work injury attorneys can help you with filing all the paperwork related to your workers compensation claim. Even if your claim is denied, our skilled Oregon workers compensation attorneys can help ensure that you and your loved ones are provided for, rather than defrauded.
What are work injury benefits in the State of Oregon?
Employer to pay for work injury insurance premiums: In Oregon, employers are obligated to pay premiums to workers compensation insurance companies as this insurance finances most of the workers compensation benefits that you as an employee are entitled to if you are successful in your Oregon work injury claim.
Rights to receive benefit payments for temporary disablement: The hospital where you are seeking treatment for your workplace injury has a responsibility to alert insurance companies or the self-insured employer regarding an employee's incapacity to work so that they might be compensated for missed wages. If you are entirely incapacitated for at least 14 consecutive days or you are admitted to a hospital as an inpatient within 14 days of the first onset of total disability, then you will be compensated for the first 3 days that you are unable to work following the original injury. If medical professionals certify your inability to work, then you will get compensation payments every two weeks during the rehabilitation time. You will continue to be monitored until you either return to work or are deemed medically stationary. You have a right to claim time-loss benefit for up to two-thirds of the worker's gross weekly income at the time of injury, up to the maximum amount allowed by Oregon law.
Right to receive benefit payments for permanent disablement: In case you are declared as medically stationary i.e., you are declared to have suffered a permanent disablement, then you may be entitled to benefit payments for permanent disablement. You may be termed medically stationary when your doctor concludes that your work-related injury or sickness will not improve with continued treatment or time. Permanent disability benefits, if any, shall be communicated to you at the time of claim closure notification.
Right to receive benefit payments in case of death: Your family members shall be entitled to receive benefit payments in case the cause of your death is a result of a workplace injury or workplace illness.
Right to receive compensation for medical treatment: On behalf of the employer, the workers compensation insurance companies will pay for covered medical expenditures such as doctor visits, hospital stays, prescription drugs, transportation, food, and accommodation up to the policy's maximum benefit amount when a claim is approved. Even if you are registered in a managed care organization as an employee, the employer is not allowed to exercise any kind of care direction over you, and you are free to get treatment at any hospital or with any physician you prefer be it from a doctor within a managed care organization or not. If you have suffered workplace injuries, then you are required to submit reimbursement requests in writing with supporting documentation. Medical expenses are not reimbursed unless a claim is approved. If a claim is rejected, no money will be paid out, with limited exceptions. If you have issues regarding how to pay for medical expenses, you should get in touch with your health insurance provider and our experienced Oregon work injury attorneys.
What is the process for filing an Oregon work injury claim?
Injuries sustained in the workplace, whether they occur suddenly or develop over time, are all covered by workers' compensation insurance. Delay in neither informing your supervisor or employer if you suspect an injury, nor in seeking medical attention. You can either go via your employer or your physician to submit a claim. A claim must be filed regardless of whether or not the employer has discouraged you from seeing a particular doctor.
If a doctor orders you to take time off work or severely limits your capacity to work and your employer does not have any light-duty positions available, you may be eligible for wage replacement benefits i.e., time loss benefits during this inquiry period.
The insurer has 60 days to complete its investigation of the claim once it is filed. You must comply with the insurer's instructions throughout the inquiry, which may include filling out paperwork, making a recorded statement, and even submitting to a medical examination. While it is conducting its investigation, the insurer often does not pay for medical care.
If your claim is approved, you will be entitled to full workers' compensation payments for the circumstances that were approved. You may count on receiving both medical and time-off benefits from your insurer for as long as it takes you to get better. The decision about whether you need further medical care and if you may return to regular or light duty is ultimately made by your attending physician.
You can request in writing that the insurer recognize any additional medical issues your doctor diagnoses as a result of your employment accident. Following then, the insurance company has another 60 days to either approve or reject the new terms. If they are refused, you can file an appeal and seek a hearing, but in the meanwhile, the insurer will continue to pay for the conditions that are considered to be covered.
At some point throughout the claims process, your attending physician may tell you that more therapy or further time would not improve your current health, a diagnosis known as "medically stagnant." You might not be a hundred percent better, but you might be a lot better. Even after exhausting medical options, many patients are left with ongoing discomfort or functional impairments. When you have reached a medical plateau, your insurance will evaluate you for permanent impairment and pay you for things like lost range of motion, strength, and the capacity to utilize the damaged body part in repeated ways. Compensation is now available for several surgical procedures.
Your employer must reinstate you to your previous position if and only if your doctor gives you clearance to return to normal work. However, if you suffer a permanent impairment that makes it impossible for you to return to your previous position, your employer may offer you a permanent light-duty job, or the insurer may conduct a vocational evaluation and send you to school to train for a new career while paying you time-loss compensation.
Your right to appeal a denied insurance claim and request a hearing is time-sensitive and must be used within 60 days of the date on which the insurer issued its refusal. Within 90 days after the date of your appeal, a hearing will be arranged. Unless you win your case in court or reach a settlement with the insurance company, you will no longer get benefits. In order to establish a claim that has been refused, you will need to provide both your own testimony about what happened and a highly technical medical opinion from your doctor explaining how the incident caused your medical issues. Without legal representation, you as a claimant have very little chance of succeeding at a hearing. Our experienced Oregon work injury attorneys having 12 years of expertise in workers compensation matters can help you successfully settle an Oregon work injury claim.
If you've sustained a serious injury that may leave you permanently disabled, you may be eligible for palliative care after your claim has been settled. The physician has to get approval for this procedure ahead of time. Likewise, if your health worsens after filing a claim, you can request that it be reopened. If you believe your illness has worsened since your claim was closed, you should see a doctor and then reach out to our experienced Oregon work injury attorney to see if we can reopen your claim with the doctor's signature.
Our experienced Oregon workers compensation attorneys at Aldrich Law have successfully obtained over 3 million dollars as settlements from insurance companies for over 100 clients. Our experienced Oregon work injury attorneys at Aldrich Law have over 13 years of expertise in Portland and Oregon work injury matters. We can help you by advising you regarding all workers compensation benefits that you are entitled to, filing an work injury claim in Oregon, filing an appeal to a denied insurance claim, and providing legal representation for all your claims.
Aldrich Law, LLc is located in Portland, Oregon and serves work injury cases throughout the state.
bottom of page