Workplace injuries can be extremely painful physically, emotionally, and financially. They can also cause significant disruptions in your life and career.
Workers’ compensation in Oregon and other states across the country is designed to help workers cope and recover after an injury. If you get injured while you’re on the job, you have the right to file a workers’ compensation claim to help you cover the financial hardship.
Unfortunately, not all legitimate workers’ comp claims are approved. In addition to caring for your health and wellbeing, there are some important things you can do after an injury to give yourself the best chance of a successful claim. Our experienced attorneys are here to explain!
What is Workers’ Compensation?
With only a few rare exceptions, all employers in the State of Oregon are legally required to carry workers’ compensation insurance through a company like SAIF. Even if your employer doesn’t have insurance, you still have the right to file a claim.
Workers’ comp benefits may cover:
- Lost wages
- Medical expenses
- Vocational rehabilitation
- Permanent disability compensation
- Death benefits for surviving family members
Is Your Injury Eligible for Workers’ Comp?
In Oregon, workers’ compensation covers most workplace injuries and occupational diseases:
- On-the-job accidents and traumatic injuries: Examples include burns, back injuries, sprains, knee injuries, shoulder injuries, and concussions.
- Overuse injuries and occupational diseases: Examples include carpal tunnel, arthritis, hearing or vision loss, and respiratory conditions.
There are only a few situations in which a workplace injury may not qualify for workers’ comp, which may include:
- Injuries caused by the use of drugs or alcohol
- Intentional self-harm injuries
- Injuries caused by fighting
- Injuries sustained while traveling to or from work (with a few exceptions)
- Injuries caused by pre-existing conditions
Steps To Take After a Work Injury
1. Seek Medical Attention
If you’re physically injured in a workplace accident, it’s important to get checked out by a medical professional as soon as possible. Even seemingly minor injuries can worsen if left untreated.
It’s also common to underestimate the extent of your physical damage during the immediate aftermath. For example, serious injuries like fractures and concussions can sometimes be mistaken for more mild injuries like sprains and headaches.
Seeking medical treatment will also ensure that there’s an official record of the incident and the resulting injuries, which will help to strengthen your workers’ comp case.
2. Notify Your Employer of Your Injury
Once you’ve been checked out, it’s important to report the accident to your employer as soon as you can. In any workers’ comp case, it’s essential to make sure there is a clear record of your injury.
Per Oregon law, you have 90 days from the day of your injury to inform your employer. If you wait too long to notify them, you may no longer be eligible for benefits.
3. Collect
In order to get the benefits you deserve after an on-the-job injury, you have to build a compelling case. The best way to strengthen your claim is to document the entire process from start to finish.
Here are some good ways to collect evidence after an injury:
- Take pictures of any visible injuries and the site where the accident occurred.
- Request copies of all medical records, emails, and other documentation and store them in a safe place.
- Get everything in writing; even if you have an in-person conversation with your boss, send them an email summarizing important points.
- Ask for written witness reports from coworkers and anyone who was present at the incident.
4. Fill Out A Workers’ Comp Form
Once your injury has been reported, you can request Form 801 “Report of Job Injury or Illness” from your employer. They are required to give you the correct form. However, you can also download it yourself from the Oregon.gov website. Once you’ve completed the form, return it to your employer. They are then legally required to submit the form to their workers’ comp insurance provider within five days.
You can also work with your physician to fill out Form 827 “Worker’s and Health Care Provider’s Report for Workers’ Compensation Claims.” Once this form is complete, your doctor has 72 hours to file it for you.
Make sure that all the information is filled out correctly. Many legitimate workers’ comp claims are denied because of small errors. It’s also a good idea to include all the evidence you’ve collected to speed up the process and increase your chance of an approval.
5. Hire a Workers’ Comp Attorney
Workplace injuries aren’t uncommon. If you’ve sustained an injury or illness while on the job, you’re entitled to fair and swift compensation. Unfortunately, the system isn’t always fair. Insurance companies may try to unjustly deny your claim in order to avoid paying your benefits.
Seeking legal counsel from a competent and experienced workers’ comp attorney can significantly improve your chances of getting approved and maximizing your benefits.
What Happens After You File a Workers’ Comp Claim
Once you’ve filed your workers’ compensation claim, your employer’s insurance company has 60 days to investigate your claim and notify you of their approval or denial. During this investigation, you’re entitled to receive pay for missing work, as long as you have written permission from your doctor.
Workers’ comp investigations may include taking a required statement from you and statements from any witnesses. It may also involve an independent medical examination (IME) to confirm the legitimacy of your claim.
Unfortunately, in some cases, insurers will choose biased doctors to carry out these exams. That’s why it’s essential that you arrive prepared, tell the truth, and advocate for yourself during this process. An experienced workers’ comp attorney can help you.
Once the investigation is complete, you’ll wait to receive a letter of approval or denial.
If your claim is approved…
You can check the status of your workers’ comp case online. You’ll receive benefits if your claim is approved!
If your claim is denied…
In some cases, legitimate claims are unfairly denied. If you get a claim denial and are left with no compensation, you and your attorney have 60 days to appeal the decision by filing a Request for Hearing with the Workers’ Compensation Board.
Don’t Suffer Alone. RMGR Is Here to Fight For Oregon Workers Like You.
Dealing with the fallout from a work injury can leave you feeling frustrated and isolated. From uncaring employers to unethical insurance companies, injured workers often have to contend with unnecessary barriers to get the financial help they need.
But the right attorney can make all the difference. At Ransom, Gilbertson, Martin & Ratliff, LLP, we know the system, and we have the experience and expertise you need. We’ll offer you the legal advice, representation, and support you need to get the benefits you deserve.
Contact us today to tell us your story. Our consultations are always free and we never charge a penny unless we win your case.
Mike grew up in a military family and attended Northwestern School of Law in Oregon, where he graduated with honors. He began practicing workers’ compensation law in 1991 and became a founding partner of Ransom & Gilbertson in 1995. With decades of experience, Mike is known as a top 1% workers’ compensation attorney and has earned Martindale-Hubbell’s highest AV rating for skill and ethics. Outside the office, he enjoys rafting, fishing, going to the beach, and spending time with his dog, Sahalie.