Filing an Oregon workplace injury claim on time is critical for improving your chances of getting workplace injury benefits. Filing a claim following a workplace injury should be started as soon as possible after the accident. If you wait too long to file a claim, you might lose your eligibility for workers' compensation payments in the future. You can be hesitant to register a claim because you're either afraid of making a mistake on the form or; are afraid as you are being pressured into taking less than you're owed or; are afraid of having your claim outright dismissed.
If you've been hurt while you are in the workplace, you should let your employer or superior know right away. If you have an injury at work, you have 30 days from the date of the incident to file a report.
Get a copy of the “Report of Work Injury or Illness” form (Form 801) from your employer. Within 5 days of being notified of your working accident, your employer must supply you with this. Please return the “employee” component of this form to your employer as soon as possible so that they may complete the “employer” section and then submit the form. If you'd like to phone the Oregon Ombudsman's office, they'll be happy to send you a copy of Form 801.
However, the clinics that employers send their wounded workers to tend to downplay the severity of their ailments and give too optimistic diagnosis. Inquire for the name and number of the company's workers' comp insurance. It is recommended that you see a doctor of your choosing and mention that you were hurt on the job while receiving treatment. An employer has no authority over which medical practitioner you see.
“Worker's and Physician's Report for Workers' Compensation Claims” form (Form 827) should be completed and sent to your doctor or hospital.
Make sure you save a copy of any forms and other documentation associated with your medical care. Keep a copy of these documents and any other paperwork associated with your medical care for your records.
Although applying for workers' compensation claim in Oregon is fairly easy, a number of complications are likely to arise. Some of the issues that might arise are:
Having your full claim for workers' compensation turned down.
Dismissal of your workplace injury claim because of a previously existing health condition.
Wrongful termination or underpayment of time-loss benefits.
As a result of your workplace injuries, you have incurred medical expenses that are not being covered.
Our experienced Oregon workers' compensation attorney at Aldrich Law have over 12 years of expertise in workers’ compensation matters. Our experienced attorneys in filing workers’ compensation claims can help you in filing a workers’ compensation claim, challenging a rejected workers’ compensation claim, representing you in a wrongful termination suit and also help you recover your medical expenses which may be denied as part of your workers’ compensation claim.