Workers Compensation Attorney in Bend Oregon

The workers’ comp attorneys at Dwyer Williams Cherkoss will help employees in Bend recover rightful compensation when they are injured on the job and denied their workers’ comp benefits. We pave the path to recover the money rightfully owed to you by navigating the process through our legal expertise and years of experience.

These are some of the workplace injury claims handled by the accomplished attorneys at Dwyer Williams Cherkoss in Bend, OR.

• Construction accidents
• Hearing impairment, damage, or loss
• Traumatic Brain Injuries (TBI) or head injuries like concussions from falls or falling objects
• Toxic exposure illnesses, including occupational diseases like black lung or mesothelioma
• Burn injuries from accidents like electrocution and other heat and cold stress
• Muscular injuries, torn ligaments, broken bones, torn rotator cuffs, and herniated disks from pushing, lifting or other job relate actions

Injuries to the spinal cord, back, shoulders, neck, eyes, hip, knees, ankles, wrists, feet, hands, and respiratory organs

Workers’ compensation is a no-fault system in Oregon. However, employees may be able to sue manufacturers of products or machinery that caused their injuries to obtain compensation in court (in addition to filing a standard workers’ compensation claim).

These injuries may be the result of dangerous working environments, defective materials or products, poor maintenance, faulty machinery, or inadequate training. Workers’ compensation being a no-fault system does not place the burden of proof on an employee to prove the reason of their injury. An employee is compensated without regard to fault or negligence.

Independent medical examinations (IMEs) by doctors chosen by the insurer are mandatory in Oregon. Your workers’ compensation benefits may be stopped if you fail to attend these medical examinations. However, the insurer can only require for you to attend three IMEs in each open claim period.

No invasive procedure can, however, be performed without your consent and your benefits cannot be stopped or reduced if you decline these invasive procedures. Importantly, the insurer must bear the cost of all IMEs performed.

Your claim will be closed when any one of the following applies:

• Your workplace injury is no longer recognized as the primary cause of your disability
• You fail to attend scheduled medical appointments
• You are medically stationary (your physician determines that no further significant improvement is expected in your medical condition with additional medical treatment or with passage of time)

You will receive a Notice of Closure when your claim is closed. This will include details regarding your permanent disability and the amount awarded to you. It will also provide instructions on how to appeal.

You have the right to appeal to the Workers’ Compensation Division for reconsideration if you disagree with your claim’s closure.

A hearing can be requested with the Hearings Division of the Worker’s Compensation Board by either the worker or the insurer within 30 days of the issue of Order on Reconsideration by the division.

You may have the right to appeal the decision to the Worker’s Compensation Board if you disagree with a decision made on the workers’ compensation claim. It’s vital that you file a request for hearing in a timely and proper manner.

To this effect, make sure you follow the instructions contained in the denial letter issued by the insurance company or in the decision letter by an agency (such as the Workers’ Compensation Division).

Generally, these appeal rights are found at the end of a letter or agency order, in bold. Be sure to file an appeal within the time specified in the notice because there are time deadlines for filing these hearing requests.

You are required to prove your case in every hearing. It is always a good idea to retain the services of an attorney who is experienced and knowledgeable in Oregon’s workers’ compensation law.

A request for hearing marks the beginning of an Oregon Workers’ Compensation hearing. Typically, a hearing is requested by an injured worker. An attorney retained by the employer will file a response to the request for hearing filed by the employee.

These two documents will inform the Hearings Division about the pertinent issues in the case.

The attorney retained by your employer will submit an exhibit packet, approximately a month prior to the hearing. This exhibit packet will contain chronologically arranged documents from the claims file. Detailed medical records and claims documents form the typical exhibits.

Supplemental exhibits are filed within the required period of time by the attorney representing the injured worker. These documents will come from medical providers, or from the claims file.

The Administrative Law Judge at the hearing will go over the exhibits and issues with both the attorneys prior to “going on the record”. In addition to the exhibits, everything else that is recorded also forms part of the official record of the case. The judge goes on record once all the issues have been addressed.

It is common for a party to present a medical report as an exhibit in Oregon Workers’ Compensation cases. This can either be submitted days before the hearing or presented on the day of hearing. The opposing party has the right to cross-examine the author of that report in such case.

The judge allows the remaining witnesses to testify when a party exercises their right to cross-examine the author of a report. The judge will continue the hearing to allow for deposition after the witnesses testify.

The record is usually closed and closing arguments are scheduled once the deposition is admitted into evidence. The Administrative Law Judge will make a decision within approximately 30 days of the closing arguments, which is called an Opinion and Order.