Workers Compensation in Oregon
You aren’t alone if you wonder how workers comp works. Workers’ compensation is a type of insurance that provides wage and medical benefits to people who have become ill or injured while at work. The extent of workers’ comp coverage an employer is required to carry is governed by Oregon state law. Thus, in trying to figure out how workers comp works, it helps to understand the laws on the books in the state where the business operates. If the injury or illness a worker sustains is eligible for compensation, the insurance carrier should help ease the financial burden the illness or injury created on the worker. Learn some of the basic principles of Oregon workers’ compensation insurance and how the process works.
Workers Compensation Statistics in Oregon ?
The Oregon Occupational Health and Safety Division requires that all employers protect their workers from on the job hazards. The construction industry in Oregon is the largest source of disability claims. Many of those claims come from falls and lead exposure. The Oregon Workers’ Compensation System is a form of no fault insurance that provides assistance to injured employees. Employees who suffer work-related injuries or illnesses have the right to receive medical and monetary benefits. Even if you are at fault for the injury or illness.
How Does Workers Comp Work in Oregon ?
There is a standard practice to follow when going through the Oregon workers’ compensation process. Unfortunately, it begins with you getting sick or injured on the job. The circumstances surrounding the incident that led to the injury are especially crucial. The injury had to occur during the course of your regular work duties. It could also occur while you were performing a special task at the request of your boss.
According to The Oregon Workers’ Compensation Division, most businesses are required to carry workers’ compensation insurance. The few exemptions from this are sole proprietors, partners, LLC members, and private residence workers. If you have incurred a workplace injury or illness you are entitled to medical benefits. In addition to lost wages, and payment for disability. Most mental disorders are also covered under Oregon workers’ compensation insurance. But, the worker must prove that the working environment is the direct cause leading to the mental disorder.
The steps you take immediately following a workplace incident in Oregon are critical for purposes of filing a claim for compensation. Follow the following steps to preserve your rights and learn how workers comp works.
Get Medical Attention
After you get injured or feel ill, the first step is to see a doctor. Don’t delay receiving help from a Oregon healthcare professional. This could not only jeopardize your health, but you run the risk of missing time-sensitive deadlines in the workers’ compensation process.
Even if you believe that your injury is minor, get a proper medical report detailing the extent of the damage and how it occurred. This is the first step in the workers’ compensation claim process. Absent a medical report, your employer cannot file a claim with the insurance carrier.
When dealing with a job-related illness, the symptoms and diagnosis may not happen right away. You may find yourself attending regular checkups and testing for weeks or months before a doctor finally associates your illness with your job. All of your medical records will become the foundation from which the workers’ comp carrier will launch its investigation. Your doctor may make the determination that the illness is the result of your work conditions or aggravated by them. Once they do, see your human resources representative to file a workers’ compensation claim.
File a First Report of Injury
Once you have a medical diagnosis relating your illness or injury to your job, you must file a claim with your employer. This is the next important phase of how Oregon workers comp works.
The Oregon State Bar states that you have up to 2 years to file a workers’ compensation claim. Or, if the claim is denied, you have 180 days from the denial of the claim. If an accident occurs, you should always seek immediate medical attention. Then you should report the accident to your employer. If any disputes arise, you should do your best to settle them without filing a petition. If the dispute cannot be settled, you can hire an attorney to help you file your petition. It is unlawful for your employer to refuse to allow you to file a claim.
The first report of an on the job injury or illness will provide the workers’ compensation insurance carrier with the details of the events leading up to the injury. In this report, you will provide your physical injuries, the medical treatment you received and the facilities that provided it. It’s always a good idea to submit a copy of the doctor’s report with the report of injury.
Your employer should furnish you with information about the claims process. The adjuster or insurance carrier representative may want to speak to you at some point about the incident and any possible witnesses to the event.
The average weekly wage for the state of Oregon is $1,093.41, and weekly benefits are capped at $1,454.24, or 133% of the average weekly wage.
Why You Should Hire a Workers’ Compensation Lawyer
In learning how Oregon workers comp works, many people believe that the injury claims process is straightforward. While this may be the case in some instances, in others, it may be more of a hassle. For instance, your employer may question whether you were hurt on the clock or on your own time. The company may also start to question the extent of your injury. There may even arise pay disputes and long-term care dictated by the doctor. Don’t question how workers comp works and risk losing your claim. Hire an Oregon workers’ comp lawyer and ensure you have an advocate to fight for your rights as a victim.
Work With an Experienced Local Lawyer in Oregon
Your health and wellbeing need to come first. If you are hurt while working or find out an illness you are suffering is the result of your job, you will want to seek compensation. Since the workers’ compensation claims process may be tricky, you should consider getting a local attorney well versed in how to deal with it. We can even help you connect with an attorney across Oregon state lines. They can guide you while you continue to learn how workers comp works.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!