In Oregon, workers who’ve been injured on the job due to a third party’s negligence have the right to file a claim that could compensate them, at least in part, for medical bills and lost wages if the claim is approved. Consulting with an employment attorney who specializes in Oregon workers compensation Portland OR can help you understand your legal rights in this situation.
Your Legal Rights
No matter how much your employer may try to dissuade you from filing a workers’ compensation claim, you have the right to file one. Of course, filing a claim is not an automatic guarantee that your claim will be approved. Before you can receive compensation, you will have to prove that your injury or illness is work-related, and you will also have to meet Oregon’s deadlines for reporting the injury and filing the necessary paperwork.
For the purposes of filing workers’ compensation, talking with your employer or writing your employer a letter are not acceptable methods of injury notification. You will have to fill out Form 801.
Within five days of the time you informed your employer of your injury, he or she must forward the 801 paperwork you filled out to an insurance provider. If the insurance provider refuses to pay out your claim, you have the right to file an appeal.
Your Legal Responsibilities
If you file for workers’ compensation, you also have certain responsibilities. It’s essential that you read any paperwork that’s sent you in connection with your claim. This is true even if you have hired counsel to represent you. Your attorney will explain any unfamiliar legal terminology or concepts contained in the paperwork.
Workers’ comp claims proceed according to a strict timeline, so make sure all your forms are submitted by the deadline. If they aren’t, your claim will be denied even if it has merit. Keep all your medical appointments, and make sure to save copies of any medical reports or other medical information you’re given. When your doctor tells you that you’ve recovered sufficiently to return to your job, make sure to contact your manager and other workplace supervisors.