Workers' Compensation in Oregon
Oregon work compensation (or, workers' compensation, workmans comp, workers' comp) provides monetary support and medical care to workers who have been injured while working, or who become ill as a result of conditions at their workplace. Workers' comp insurance is compulsory in Oregon, and Oregon employers who fail to provide their employees with such insurance coverage will be penalized. Job-related injury claims must be filed with the Oregon Workers' Compensation Division.
You should bly consider hiring an Oregon workmans compensation lawyer to assert your claim, especially if your boss is uninsured, underinsured, or refuses to cooperate. If your claim is contested, the workmans comp process is likely to become even more complex, so, it is important to have Oregon legal counsel to assist you in comprehending the process and recommending a course of action.
Illnesses and Injuries covered under Oregon Workers' Compensation Law
Accidental Physical Injuries
- Accidents that happen while you are working and cause you injury are covered by your employer's work compensation insurance. However, injuries caused by an employee's intoxication or drug use, and/or self-inflicted injuries, do not fall under workmans compensation.
- Diseases that are caused by repetitive motions, or exposure to hazardous conditions or chemicals at the worksite. Such illnesses may include radiation poisoning, carpal tunnel syndrome, and black lung disease, among others.
- Dependents of a deceased worker are entitled to death benefits.
The Oregon Worker's Comp Claims Process
- Filing Your Claim
- Tell your boss about your injury immediately, and ask for a "Worker's and Employer's Report of Occupational Injury or Disease/Illness" (Form 801) if you seek to file a claim for benefits and compensation. Remember that there is a specific statute of limitations for filing work compensation claims. You should contact a lawyer who specializes in workmans comp law to ensure that you file your claim in time. Failure to file in time will bar your right to recover workers' comp benefits.
- Your employer must file your Form 801 with its insurer within five days of notification of your injury.
- Get Medical Help Promptly
- Make sure to inform your physician that you were injured in a workplace incident. You and your physician should fill out and file a Worker's and Physician's Report for any Worker's Compensation Claims (Form 827) with your employer's insurer.
- If you need help filing your work compensation claim, or if you have filed your claim and it has been disputed, you should get in touch with an Oregon workers' comp lawyer and ask for assistance.
Benefits Received in Oregon Under the Workers' Compensation Program
Oregon provides a variety of workers' compensation benefits that you should discuss with your Oregon workers comp attorney, including:
- Medical Treatment: Hospital bills, doctor's bills, and other bills for medical treatment will be paid by your boss' insurance company to your health care providers.
- Wage Reimbursement: When an injured or ill worker must travel to and from medical appointments because of his injury, the wages he loses during time spent in transit and in appointments will be reimbursed by his employer.
- Funeral: Not to exceed 20 times the worker's average weekly wage prior to his injury.
- Death: A deceased employee's surviving spouse and children may receive death benefits if the employee dies of his work-connected disease or injury. The amount of benefits depends on what category of dependents and how many surviving dependents the employee has.
- Vocational Rehabilitation: When an employee cannot return to his or her original occupation, this provides income support while participating in vocational rehabilitation.
- Income Benefits: a worker who loses wages because of his injury or disease will get income benefits depending on the nature of his injury. The following are kinds of benefits he may receive:
- Temporary Total Disability Benefits (TTD for short): A worker will be paid money to make up for lost wages when he is temporarily incapacitated by his injury and cannot work. The worker is entitled to 2/3 of his average weekly wages each week.
- Temporary Partial Disability Benefits (or TPD for short): When an employee is disabled by his work-injury, but can still do some modified work, although at a lesser wage or for shorter hours. The employee will receive the difference of his current reduced wage, and two thirds of his average weekly wage prior to his accident.
- Permanent Total Disability Benefits (PTD for short): Your injury causes the loss of function or use of part of your body, and you are permanently incapacitated and unable to find employment. Payments will be the same each week as the TTD benefits. Every two years, the insurer will reevaluate your claim.
- Permanent Partial Disability Benefits (PPD for short): The hurt employee has reached his maximum medical improvement, but is still affected by his injury in some way (i.e.-loss of toe or finger), and will not return to his pre-injury condition. The worker can work, but cannot perform his old job functions, and will thus receive payments from the insurer, the amount of which is dependent on the severity of the injury and the part of the body that is permanently impaired.
Why Hire An Oregon Workers' Comp Lawyer?
Because there is so much at stake when you are filing your workers' comp claim, it is in your best interest to hire an Oregon work compensation attorney to argue your case, formulate a solid strategy, keep track of deadlines, and discuss your compensation alternatives and your likelihood of recovery. In addition, if there was a third person involved in your worksite injury, or if a manufacturer may be responsible for your claim because you were injured by a defective piece of equipment or defective good, an Oregon workers compensation attorney will best be able to help you structure a separate lawsuit if necessary.
Oregon Workers' Compensation
Oregon Workers' Compensation provisions
- Employers Subject To Workers' Compensation
- Labor and Employment, Chp.656 §§ 17, 23.
- Covered Employees
- Labor and Employment, Chp.656 § 18.
- Labor and Employment, Chp.656 §§ 204 – 260.
- Claims Procedure
- Labor and Employment, Chp.656 § 262.