Oregon workers’ compensation is a very complicated system that administers benefits to workers who have been injured on the job. Many problems can arise in the course of a workers’ compensation claim. If you have any questions about whether you are being treated correctly, please call me. I do not charge a fee to answer your questions over the phone.
Your employer has purchased insurance to cover your medical costs and lost wages if you are injured on the job. You should file a claim with your employer as soon as possible. Except under very limited circumstances you cannot sue your employer; your claim is for medical care, lost wages, and other benefits against your employer’s insurer.
Medical care:
- You have the right to be treated by a doctor of your choice. It is very important that you select a physician that you trust is acting in your interests, and not in the interests of the insurance company.
- You are entitled to have your medical expenses covered related to your on the job injury, including mileage to doctor’s appointments and reimbursement for out of pocket expenses, such as prescription medications.
Lost wages:
- If you miss more than three days of work because of your injury the insurer must pay you for time loss. Your time loss is paid at the rate of 2/3 of your average weekly wage, and must be paid within 14 days of your first day of lost time, and every 14 days after that.
- If your employer offers you light duty work within your restrictions, the insurer will reduce your compensation payments based on the wages your employer is paying you.
- Your doctor must approve the job that has been offered you. If you have doubts about whether you are physically able to do that job, talk that over with your doctor at once. If you don’t work the hours offered to you, your insurance company will reduce your compensation anyway.
Permanent disability:
- There is no compensation in a workers’ compensation claim for pain and suffering. If you have suffered permanent impairment as a result of your injury, you will receive an award based on rules established by the State of Oregon Workers’ Compensation Division.
Vocational rehabilitation:
- If you are unable to do the kind of work you were doing before you were injured, in many instances cases you will be eligible for retraining, paid for by the insurance company.
Hearing loss:
- I see many workers who are, later in life, suffering the effects of a lifetime's exposure to industrial or work-related noise. If you suffer from hearing loss, this may be related to your work, and you may be eligible for compensation for this injury.
IF YOU HAVE BEEN INJURED ON THE JOB, OR HAVE ANY QUESTIONS REGARDING WORKERS' COMPENSATION IN OREGON, PLEASE CALL ME AT (503) 236-0068, AND I WILL BE HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.
There is no fee for this consultation, or for any work I do on your behalf, unless I am successful in obtaining benefits for you.