Your employer is required to provide workers’ compensation insurance for employees, so you are cared for if you suffer an Oregon workers’ compensation injury. If you were hurt at work, and it occurred in Oregon, you should file an Oregon workers’ compensation claim. Your employer CANNOT force you not to file a claim (although we see employers intimidate workers all the time), to say your injury did not happen at work, or to say you are an independent contractor when you are not. (See our recent Oregon Supreme Court victory.)
Also, your employer cannot tell you which doctor to see – your provider is YOUR choice. Too often employers send their employees to specific doctors who are not supportive of injured workers. It is important to know who these doctors are.
If you were injured at work, you should immediately file an Oregon Workers’ Compensation claim to protect your rights. A list of common Oregon workers’ compensation claims are:
Carpal Tunnel Syndrome Tennis/Golf Elbow (Epicondylitis) Hearing Loss Chemical Exposure Trigger Finger Tendinitis Bursitis
Benefits
Worker’s compensation insurance should provide for medical treatment, time loss, vocational retraining, and disability awards. There are specific rules for each, so if you do not comply with the law precisely, the insurer can avoid paying these benefits.
Time Loss (Replacement Wages)
The insurer will pay 66 2/3 of your wages for missed time. In order to get time loss, your treating doctor MUST sign a note that you are off work for your Oregon workers’ compensation injury. The insurance company will not pay your wages if your attending physician has not authorized time off. So, it is important to have off-work slips from your doctor. And, certain providers (NPs, PAs, Chiropractors, etc.) can only authorize time loss for a limited time.
Vocational Retraining
If you are not released to regular work at your job-at-injury, the insurer should pay to retrain you at your job. But you must qualify for these benefits. Therefore, it is crucial that you understand your rights, so the insurer does not unfairly deny these benefits.
Medical Conditions
The insurer must pay for medical conditions accepted in your claim, and will not pay for conditions not accepted. So, it is important to make sure you know all your accepted conditions, and make sure all diagnosed conditions are accepted. Miller Law reviews your file and fights to make sure conditions related to your work become part of your claim, so you get the appropriate treatment you need.
IME Doctors
The insurer often will send you to an IME (insurer paid doctor) to assess you. The IME doctors are paid for by the insurer, so, while they claim to be “Independent,” they usually are not. The IME doctors often deem your conditions “pre-existing,” or unrelated to the injury, so the insurer does not have to pay. We work hard to overcome these medical opinions.
Claim Notice
It is important to immediately notify your employer of your Oregon workers’ compensation injury. If you do not report your work injury within 90 days, you could lose your rights to file a claim. Your employer should provide you an 801 Form, which you both complete to start an Oregon workers’ compensation claim. Below is a video showing you how to complete an 801 Form.
You can also file an Oregon workers’ compensation claim through your medical provider by telling them that your condition occurred at work. The provider should assist you in the correct paperwork to file a claim (827 Form).
Aggravation Claim
If you have a closed claim, but your condition is worse, you and your doctor may file a form 827to reopen your claim. Again, while this sounds simple, it can be very complex. If your aggravation claim is denied, please contact us, so we can answer your questions.
Denied Claims
If you have a denied Oregon workers’ compensation claim, timing is crucial to file your appeal. If you do not timely appeal your denied claim, you may lose your day in court. Miller Law will help you appeal the denial and protect the rights of your Oregon workers’ compensation claim. We will use our extensive experience to fight your denied claim so you get the compensation you deserve.
Medical Evidence
In order to win your case in the Oregon work comp system, you need detailed medical evidence. You must have a provider who supports you, so we can get the evidence to win your claim. Therefore, if your provider is not supportive, you likely need to find a different provider who can help you. Craig Miller understands the need for detailed medical opinions to overturn your Oregon denied claim.
Do you Need a Lawyer?
Work Comp law is complex and changes often (flowchart). It is important to have a Oregon Workers’ Compensation lawyer who knows the work comp process, and will review and represent your interests to the insurance company or judge to get the medical care, compensation, and/or training you need. Too often, injured workers attempt to represent themselves, and lose a legitimate workers’ compensation claim – only because they do not understand this complex system. Do not let this happen to you.
Attorney’s Fees
If your denied workers’ compensation claim is overturned, your employer’s insurer pays the fees and costs. If we win, you are not responsible for attorney fees or expenses associated with your claim. Let Miller Law’s experienced Oregon workers’ compensation attorney work for you. If you have an Oregon work comp injury, call for a free consultation for your Portland workers’ compensation claim, as we care and are dedicated to help you.
