There are a variety of dangers that Oregon workers face, including the possibility of getting hurt or sick on the job. Oregon established its workers’ compensation system in 1914 with the goal of reducing the number of work-related injuries and illnesses. When an employee has an injury while on the job, the workers’ compensation system steps in to provide them with benefits meant to put them back where they were before the accident. Keep in mind that Oregon operates under a “no-fault” liability system, meaning that an injured worker is not at fault if they sue their employer. In other words, both your employer and the insurance company are prohibited from preventing you from filing a claim because of a violation of a safety protocol.
The Oregon Workers’ Compensation Division oversees the state’s workers’ comp system. To ensure that injured workers receive the benefits to which they are entitled, the Oregon Workers’ Compensation Division issues regulations, monitors employer compliance with those regulations, and mediates disputes between injured workers and their employers or insurers.
Is Oregon Workers’ Compensation Insurance Required?
Most businesses in the state of Oregon must carry workers’ compensation insurance. You should get insurance if you have workers. Keep in mind that the workers’ compensation statute has roughly 30 different exceptions. In Oregon, workers’ comp is not mandatory for the following groups of workers:
Household employees, sometimes known as maids, housekeepers, or home health aides.
A homeowner’s hired help for tasks such as landscaping, upkeep, and renovation.
Workers who aren’t permanent members of the company’s staff and whose services aren’t integral to the business.
Workers who bring in less than $500 a year in salary.
What are the Workers Comp benefits available to employees?
Medical care, wage loss, permanent disability, vocational rehabilitation, and death benefits are the five types of workers’ compensation payments available in Oregon. An injured worker’s workers’ compensation payments will vary based on their specific medical requirements, degree of impairment, and work restrictions following an on-the-job injury.
Medical Costs
Workers’ compensation services begin with medical care. Workplace accidents and injuries in Oregon are covered through workers’ compensation. Consultations with doctors, PT, chiropractors, acupuncture, op, iv, meds, orthotics, prostheses, walkers, canes, splints, x-rays, MRIs, and other diagnostic procedures are all part of the medical treatment spectrum. Injured workers are often steered by employers and insurers towards specific medical facilities and practitioners. Every employee has the option of seeing whichever doctor they like. Even if your claim was placed in a Managed Care Organisation (MCO), you are free to see any doctor within that MCO. In some cases, you may even be able to keep seeing your non-MCO doctor of choice. Do you need clarification on your health insurance coverage? Maybe you were denied surgery or made to join an MCO by your insurance provider.
Time Loss Benefits
Time loss compensation is the second type of worker’s comp benefits. When a worker has an injury on the job and is subsequently advised by their doctor that they cannot return to their original position, the insurer is typically responsible for paying “temporary disability benefits” to the worker. Temporary partial disability payments are granted to employees who have returned to work but are now required to do lighter duties, work fewer hours per week, or earn a lower hourly salary as a result of their impairment. Any payments made to an employee who is temporarily unable to work will be based on their “average weekly wage.” Benefits are often underpaid because insurers incorrectly estimate the normal weekly earnings. Many workers’ compensation cases also have problems with time loss payments being made late or not at all.
Permanent Disability
The third type of compensation that employers offer is for permanent disability. Unfortunately, not all cases of workplace injury result in a full recovery for the victim. If the treating physician concludes that the worker has sustained persistent disability, this is often documented in a closing examination report. Permanent impairment is automatically awarded in cases involving certain surgical procedures, such as partial or total meniscectomy, total knee or shoulder replacement, or spinal discectomy. Workers’ compensation legislation in Oregon is notoriously complicated, and this issue is no exception. To avoid paying out on a permanent impairment claim, many insurance companies may coordinate directly with the treating physician of the injured worker.
Vocational Impairment
Job retraining is the fourth type of benefit. This is another complex area of Oregon’s workers’ compensation legislation, along with permanent disability. When a person sustains permanent disability and permanent work restrictions as a result of a work injury, the worker may be eligible for vocational rehabilitation services.
Death Benefits
The fifth and final type of benefits is paid out solely in the event of a fatal work-related injury or occupational sickness. If this happens, the worker’s widow and children are entitled to monthly support as well as a lump sum payment to cover the worker’s funeral and final expenditures. The total owing fluctuates every year. If a spouse remarries, they will not lose their benefits. Sometimes, people who were not the deceased’s spouse or kid can get benefits as “other dependents”.
If you need any assistance with filing workers compensation claim or if you have any questions about Oregon workers’ compensation claim’s process and benefits, you can contact a workers comp attorney at Aldrich Law, LLC.