If you suffered an injury at work, your employer is legally required to carry workers’ compensation insurance to cover your medical care and lost wages. Filing an Oregon workers’ compensation claim is your right, and it is crucial to protect your family’s financial security.
Your Rights as an Injured Oregon Worker
Many employers attempt to intimidate or mislead injured workers. Know your rights under Oregon law:
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You Cannot Be Forced Not to File: Your employer cannot force you not to file a claim or claim your injury happened off the job.
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Provider Choice is Yours: Your employer cannot tell you which doctor to see. You have the right to choose your own treating doctor. It is vital to avoid employer-recommended providers who are often unsupportive of injured workers.
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Independent Contractor Misclassification: Your employer cannot falsely label you an “independent contractor” to avoid paying benefits (see our recent Oregon Supreme Court victory).
- Crucial Note: The insurer will use specific legal rules to limit or deny these benefits.
Common Oregon Work Injuries & Conditions
If your injury or illness occurred because of your work, you likely have a compensable claim. This includes sudden injuries and conditions developed over time.
| Typical Work Injuries | Common Occupational Diseases |
| Fractures and Lacerations | Carpal Tunnel Syndrome |
| Disc Herniation | Hearing Loss from noise exposure |
| Rotator Cuff or Meniscus Tears | Tendinitis & Bursitis |
| Sprains/Strains | Chemical Exposure Illnesses |
| Prosthesis Damage & Needle Sticks | Trigger Finger and Epicondylitis (Elbow |
The Workers’ Compensation Benefits You Deserve
Once your claim is accepted, the workers’ compensation insurer must provide several types of benefits:
| Benefit Type | Key Requirement |
| Medical Treatment | Must be paid for all conditions accepted in your claim. |
| Time Loss (Wage Replacement) | Your treating doctor must authorize time off work. Insurers pay 66 2/3% of your regular wages. |
| Vocational Retraining | If you can’t return to your previous job, the insurer should pay for retraining, but specific legal qualifications must be met. |
| Disability Awards | Compensation for permanent impairment when your claim is closed. |
Insurance Companies Deny Claims
Adjusters and insurers routinely deny claims using two main tactics:
- IME Doctors (Insurer-Paid Examinations): Insurers often send you to an “Independent Medical Examiner” (IME) – a doctor paid by the insurer. These doctors frequently deem your work-related conditions to be “pre-existing” or unrelated, providing the insurer with a justification to issue a denied claim.
- Lack of Proper Documentation: Without detailed medical evidence and a supportive provider, your case is vulnerable to denial.
Appealing Denied Workers’ Compensation Claims
If your Oregon workers’ compensation claim is denied, TIMING IS CRUCIAL. You must timely appeal the denial, or you could permanently lose your rights. Our experienced attorney, Craig Miller, works hard to overcome unfavorable medical opinions and fight for your compensation.
Medical Evidence: The Key to Winning Your Claim
To succeed in the Oregon work comp system, you need a provider who is supportive and willing to provide detailed medical evidence. If your current provider is not helping, we will help advise you on finding a provider who might properly document the severity of your work injury. Finding supportive medical providers is not easy, especially when you are enrolled in a Managed Care Organization (MCO).
Claim Filing and Notice Requirements
You must immediately notify your employer of your Oregon work injury. If you fail to report the injury within 90 days, you could lose the right to file a claim.
Medical Provider Form 827: You can also file a claim through your medical provider by telling them your condition occurred at work.
Employer Form 801: Your employer should provide you with a completed Form 801 to start the claim.
Do You Need an Oregon Workers’ Compensation Lawyer?
The complexities and frequent changes in Oregon Workers’ Compensation law (view the official flowchart here) mean that self-representation often leads to the loss of legitimate claims. Do not let this happen to you.
An experienced Oregon Workers’ Compensation Lawyer knows the process, fights denied claims, and ensures you receive the proper medical care, compensation, and vocational training you need.
Attorney’s Fees: We Don’t Get Paid Unless You Win
If we successfully overturn your denied workers’ compensation claim, your employer’s insurer pays the attorney fees and costs. You are not responsible for attorney fees if we do not win your case.
Call Miller Law today for a free consultation for your Portland workers’ compensation claim or any Oregon work injury. We are dedicated to helping you.