7/10/2020 – Updated As Of
While we do not handle workers comp cases per se, we do handle workplace injuries where the injury occurred as the result of a third party (that is, someone other than your employer). If your workplace or work-related injury was the result of a third party’s negligence, we would handle the case along the same lines as we would handle many other personal injury cases where our client has been injured by the fault of another. If you’re not sure about whether or not your injury involves third-party fault of someone other than your employer, give us a call in any event. If we can’t help you (and your claim is purely a workers comp issue between you and your employer), we can make sure that you are provided good information and the right referral to the workers comp attorneys in our area. We’ve also provided some links below regarding Oregon workers’ comp laws.
What is Workers’ Compensation in Oregon, and What Does it Cover?
Workers’ compensation is a set of benefits that cover employees when they are injured at work. Employers need to pay workers’ compensation to injured employees regardless of if the injury was caused by the worker, the employer, or was an unavoidable and unforeseeable accident.
- Medical Benefits– dealing with the medical expenses of sustaining your workplace accident. Includes all reasonable and necessary recovery costs such as emergency room fees, doctors’ office visits, medication and treatment, physical therapy, and transportation to and from treatment.
- Time Loss Benefits- you are entitled to two thirds of your average weekly wage if you are unable to work because of your workplace injury. You may also be entitled to a supplemented income if you are forced to work a different job for a smaller income.
- Permanent Disability Benefits- a monetary award for your permanent impairment incurred in the workplace. This can include a work disability award if you cannot return to full-time work after your injury.
- Vocational Rehabilitation Benefits- you are entitled to vocational rehab benefits if you cannot return to your original job after the injury, nor find work that pays at least 80% of your income before your injury.
What Should I Do if I Was Injured in an Oregon Workplace Injury?
1. Check yourself for serious/life-threatening injuries. Get emergency help if needed.
2. File a report:
Documenting your injury is the first step to making sure you get treatment and compensation for your injury. While some people prefer to take a wait-and-see approach before reporting their injury, failing to report an accident when it happens can lead to your employer denying your medical treatment and time-loss benefits.
Always make sure this report is filed in writing. The Oregon Worker’s Compensation Division mandates that an employer send an employee’s Form 801, or workers’ compensation claim, to its insurer no later than five days after being told about the injury. If they do not fill one out with you, write them a dated letter describing the incident and extent of your injuries and keep a copy.
The insurer will have to inform you within 60 days whether your claim was accepted or denied. If it was denied, you will also receive instructions on how you can appeal the claim. If you decide to appeal, you must do so within 60 days of the decision.
3. Talk to a lawyer:
Workplace compensation cases can be messy and contentious, and many times you might not get the full extent of the compensation you deserve. Talking to a lawyer will allow you to be listened to, your questions answered, and to set up a legal strategy for your Oregon workers’ compensation case if needed.
The Right Oregon Personal Injury Attorney for You
If you have been injured in an Oregon workplace accident due to a third party’s negligence, call Greg Veralrud today for a free consultation. We want to hear your side and make sure we get to know you before you hire legal representation or incur any legal costs. Our legal team will listen to you, go over your case details, and give you some advice. Greg Veralrud’s Oregon workplace injury legal team will work hard for you, stopping at nothing to make sure you get the compensation you deserve. Give us a call today at (541) 345-3333!
Links and Resources:
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