Oregon Workers’ Compensation Claims
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UPDATED: Mar 10, 2020
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Oregon workers’ compensation claims may be filed by an employee who has suffered an injury in a work-related accident, or who develops an occupational illness during the course and scope of his employment. Because workers’ compensation insurance is mandatory in Oregon, any employee who has an occupational injury or illness may submit a claim for workers’ compensation benefits with the Oregon Workers’ Compensation Division.
Process for Oregon Workers’ Compensation Claims
To ensure that you do not lose your opportunity to file for Oregon workers’ compensation benefits, or that your receipt of benefits is not delayed, you should promptly report your work-related injury or occupational illness to your supervisor. After you tell your employer about your injury or illness, you must complete and submit a “Report of Job Injury or Illness” (Form 801) to the Oregon Workers’ Compensation Division. Doing so will make you eligible to receive income replacement benefits, medical benefits, and/or permanent disability benefits for your employment-related injury or illness. Give your employer a copy of the completed Form 801. Your employer must file it with its insurer within five days of the time you notify your employer about your injury or illness.
Additionally, seek medical attention as soon as possible after your injury or after you begin to show symptoms of an occupational disease. You must inform your attending physician that your illness or injury is related to your occupation, as doing so will provide important evidentiary proof in the event that your workers’ compensation claim is turned down or disputed by your employer. After seeing your doctor, you must complete and file a “Worker’s and Health Care Provider’s Report for Workers’ Compensation Claims” (Form 827) with your employer’s insurer.
Finally, an Oregon workers’ compensation attorney should be consulted if you have any questions or concerns about filing a workers’ compensation claim, or if you would simply like a more thorough explanation of Oregon workers’ compensation procedures.
Reasons to Hire an Oregon Workers’ Compensation Attorney
It’s imperative to seek advice from an Oregon workers’ compensation lawyer if your claim is rejected or denied. In these circumstances, a workers’ compensation attorney can persuasively argue your claim in front of the Oregon Workers’ Compensation Division. A lawyer can also help you meet filing deadlines for your case and explain the rules involved in the Oregon workers’ compensation system.
Workers’ compensation cases can sometimes become complex, especially if your employer is uninsured, does not have insurance, or is uncooperative and disputes that you have a work-related injury. In such instances, an Oregon workers’ compensation lawyer can help you formulate a strategy and fight for your rights so that you get the workers’ compensation benefits you need to help you recover from your injury or illness. In some cases, if there is a third party involved in your claim (such as a manufacturer who made a faulty piece of equipment that caused your injury) you may need to file a separate lawsuit, and a workers’ compensation attorney can help you structure such a lawsuit and advise you on the options available to you for recovery.