In addition to personal and physical hardships and medical costs resulting from occupational injuries, many workers are also unable to go to work for a period of time. If you’ve sustained an injury or illness that causes you to miss work, you may be entitled to reimbursement for your lost wages.
Depending on your individual situation and recommendations by your physician, workers’ compensation in Oregon may be required to provide you supplemental benefits for your lost wages in addition to covering your treatment costs. This is often referred to as time-loss benefits or temporary disability.
Navigating the workers’ comp claims process after an injury can be confusing and overwhelming. But you don’t have to do it alone. The expert attorneys at RGMR can help you fight for your rights and get the financial support you need to make up for your lost wages and other hardships.
How to File for Workers’ Comp for Lost Wages?
The first step to getting financial compensation for your lost wages is to file a workers’ comp claim. Once you notify your employer of your injury, they are legally required to provide you with Form 801 (Report of Job Injury or Illness).
After you fill out Form 801 and return it to your employer, they must send it to their workers’ comp insurance provider within five days. You can also fill out and file Form 827 (Worker’s and Physician’s Report for Workers’ Compensation) with your physician.
How to Be Eligible to Apply for Lost Wages
To be eligible to receive lost wages, you must report your injury to your employer within 30 days of the injury or exposure and your claim must be approved by the insurer. All private businesses are required to purchase workers’ comp insurance through a provider such as SAIF for both full- and part-time employees. If your claim is approved and your attending physician authorizes time away from work, temporary disability payments will be awarded through workers’ comp benefits.
Keep in mind that there is a waiting period of three consecutive days after you report your injury before you can be eligible for temporary disability payments. This means that if you return to work within 14 days after your injury, you won’t receive reimbursement for those three days.
However, if your doctor recommends more than 14 days away from work or if you have been admitted to a hospital as an inpatient within 14 days of the injury, you may receive compensation for this waiting period.
How Much are Injured Workers Paid for Lost Wages?
The amount of lost wage reimbursement you receive will depend on a number of factors, including your weekly pay prior to your injury and the amount of time you have to spend away from work. In Oregon, workers’ comp wage replacement is almost always equal to two-thirds of your average weekly pay. However, weekly payments cannot exceed $1,658.68 for injuries that occurred on or after July 1st, 2021.
If you settle your case, you may receive a lump sum of money as opposed to ongoing payments.
Alternative Options to Get More Compensation
While lost wage replacement is an important benefit in workers’ comp cases, there are other types of compensation available for injured workers in addition to (or in lieu of) temporary disability payments.
Other types of workers’ comp benefits you may be eligible for include:
- Permanent disability
- Compensation for medical expenses
- Vocational rehabilitation
- Death benefits for spouses and/or dependent children
RGMR’s experienced workers’ comp attorneys can evaluate your case and help you get all the benefits you need and deserve for your injury or illness.
When to Hire a Lawyer
Hiring an attorney to represent you in your workers’ comp case will significantly increase your chance of receiving the benefits you’re entitled to, including lost wages.
While some cases are straightforward and involve minor injuries, the process can quickly become complicated, frustrating, and even adversarial. If your claim has been denied or your employer or the insurer is contesting your case, you should hire a workers’ comp lawyer as soon as possible.
With over 70 years of combined experience, the attorneys at RGMR are experts in workers’ comp law in Oregon. We know the system inside and out and are ready to fight for your rights as an injured worker every step of the way.
Are You Suffering Lost Wages Due to an Occupational Injury or Illness? The Attorneys at RMGR Are on Your Side
Sustaining an injury or developing an illness while on the job can be emotionally, physically, and financially devastating. Workers’ compensation is essential to protecting the rights of workers in all industries. But unfortunately, the system doesn’t always work the way it should. Claims are often unfairly denied, leaving workers’ without the benefits to which they’re entitled.
But you don’t have to fight this battle alone. At Ransom, Gilbertson, Martin, and Ratliff, LLP, we provide expert counsel and representation to injured workers in Oregon. We approach each and every case armed with compassion, tenacity, and years of practical experience in worker’s comp law.
Contact us today to tell us about your situation. We offer completely free consultations and we never charge any fees unless we win your case.