Workers Compensation Attorneys

In the state of Oregon, the process of claiming workers’ compensation is relatively simple. When you are hurt on the job, you file an Oregon Report of Job Injury or Illness Worker's Compensation Claim prior to being issued your official workers’ compensation determination order. In reality, however, despite the deceptively simple process of submitting a workers’ compensation claim, many problems can arise when you file for workers' compensation. Potential problems include but are not limited to:

• Your entire workers’ compensation claim being denied.
• Your workplace injuries being denied because of a preexisting condition.
• Your time-loss payments being calculated incorrectly or cut off wrongly.
• Medical bills related to your workplace injury not being paid.

For more information on Oregon’s workers’ compensation program, download this brochure: "What Happens if I'm Hurt on The Job? A Guide to Oregon's Workers' Compensation Benefits, Rights, and Responsibilities". We highly recommend that you contact an experienced Oregon workers’ compensation attorney if you have been injured on the job. These professionals will be able to tell you what your rights are and to see your workers’ compensation claims through from start to finish. Dwyer Williams Cherkoss Attorneys, PC can help you with your workers’ compensation claim. We have offices conveniently located throughout the state, in:

Bend   |   Eugene   |   Medford   |   Grants Pass   |   Roseburg   |   Portland

• Tell your employer or direct supervisor about your workplace injury as soon as possible. When you are injured on the job, you should report your injury no less than 30 days after the date on which it occurred.
• Ask your employer for Form 801, “Report of Job Injury or Illness.” Your employer is required to provide this to you within 5 days of being informed of your workplace injury. Complete the “worker” portion of this form and return it to your employer as soon as possible so that your employer can complete the “employer” portion and then file the fully completed form. You can also obtain Form 801 by calling Oregon's Ombudsman office. The workers’ compensation attorneys at Dwyer Williams Cherkoss Attorneys, PC can help you avoid mistakes that may compromise your workers’ compensation claim. It is advisable to seek legal advice from an experienced Oregon workers’ compensation attorney prior to completing this accident form or being referred to a doctor for evaluation. Employers are notorious for referring injured workers to industrial accident or injury clinics that underestimate the seriousness of worker injuries and which provide extremely optimistic prognoses.
• Ask your employer for the name and contact information for your workers’ compensation insurer.
• Obtain medical treatment from a healthcare provider of your choice and explain that you were injured at work. Your employer does not have the right to select your healthcare provider for you.
• Your healthcare provider should ask you to complete Oregon Form 827 entitled “Worker’s and Physician’s Report for Workers’ Compensation Claims.”
• Keep copies of all forms and any medical treatment paperwork for your records.

Make sure to keep copies of all of these forms and any medical treatment paperwork for your records. It is important to provide all of these documents to your Oregon workers’ compensation attorney who can ensure that they are completed correctly and in a timely manner.

• If your workers’ compensation claim is accepted, then the insurer will have to pay for all medical treatment related to the conditions listed on your official notice of acceptance.
• If your workers' compensation claim is denied, then you may have to pay for your medical treatment related to your workplace injuries.
• The insurance company may enroll you in a managed care organization (MCO). MCOs are organizations that contract with an insurer to coordinate medical services for injured workers. If your insurer is covered by an MCO contract, the insurer may enroll you with the managed care organization at any point preceding your injury. You may also be required to select an MCO healthcare provider from a list of providers the insurer sends with your enrollment notice

Oregon Workers’ Compensation Provides the Following Benefits:

• Payment of your medical bills and payment of your lost wages at a rate of two-thirds your gross wage. Your average wages are calculated over a 52-week period or less, then that number is divided by the number of weeks you worked and multiplied by two-thirds.
• Your mileage to and from your illness or injury-related doctor visits can be paid at approximately $.39 per mile.
• If you cannot return to work, vocational training might be available.

Your health care provider must authorize your absence from work. Under Oregon law, you will not be paid for the first three days that you do not return to work, unless you are off work for 14 consecutive days or hospitalized overnight as an inpatient within those initial 14 days. If your claim is denied during the 14 days following the date on which you reported the accident, then you will not be compensated for any lost wages.

• Elective surgery is any surgery not involving a medical emergency. Before scheduling elective surgery, your healthcare provider must notify the workers’ compensation insurer, which may request a second opinion. If the insurer disagrees about the need for surgery, the insurer must ask State of Oregon's Workers' Compensation Division to review the request for surgery in order to determine whether or not it is appropriate and truly necessary. Independent Medical Examination An independent medical examination (IME) is a medical exam of an injured worker that is administered by a physician other than that worker’s attending physician, at the request of the workers’ compensation insurer. The insurer may require an injured worker to attend up to three medical examinations with IMEs of their choice. If a worker fails to attend the requested IME, he or she can be penalized $100 or his or her workers’ compensation benefits may be stopped. What you should know about independent medical examiners:

  • IMEs do not provide treatment.
  • IMEs only prepare a report based on examining you in order to answer questions asked by the insurance company about your injury or occupational disease.
  • IMEs perform a physical or a “work-capacity evaluation”.

Workers’ compensation claims are called “open” or “active” while you are recovering from your injury and they are called “closed” or “inactive” once you are medically stable. Your claim will also be closed if your injury is no longer the major cause of your disability or if you fail to attend medical appointments associated with your compensated workplace injuries. The following important documents will be sent to you by your insurer once your claim is closed:

• A legal document called a “Notice of Closure”, which officially closes your claim and lists the periods for which time-loss benefits were authorized. This closure notice also indicates how much permanent disability you may have and how to appeal the closure of your claim.
• An “Updated Notice of Acceptance at Closure” that lists the medical conditions which the insurer accepted and covered for the worker.
• A brochure, entitled “Understanding Claim Closure and Your Rights” that explains your appeal rights and the types of care that are covered by the workers’ compensation insurer after claim closure.

As a general note, once your time-loss payments end, you may be entitled to unemployment benefits. You must apply for these benefits within four weeks of the date of the notice ordering claim closure. If your Notice of Closure indicates permanent partial disability (PPD), this means that your injury resulted in a condition that has not returned to its normal or pre-injury status. Permanent partial disability payments are based on a formula set by law and the amount that you receive depends on the severity of the disability. Keep in mind that permanent partial disability award payments are due to start 30 days from the mailing date of closure. If your award is $6,000 or less, the insurer will pay you a lump sum; if it is more than $6,000 then the insurer will pay you in monthly installments. You may ask the insurer to pay you a lump sum; however, if you apply for and accept lump-sum payment of any part of your permanent partial disability award, then you give up your right to appeal the amount of the award. Permanent total disability (PTD), on the other hand, means that you are permanently unable to perform gainful and suitable employment. You will receive monthly disability payments as long as you remain totally disabled. The insurer will reexamine your claim at least every two years to see if you remain unable to work.

• If you fail to take action, or if you miss a deadline to appeal claim decisions, then you may lose your right to worker’s compensation benefits.
• Attend all medical appointments related to your workers’ compensation claim.
• Contact your employer immediately when your healthcare provider releases you to return to work.
• Keep in contact with your doctor and inform your employer about all your work restrictions. If your employer offers you a modified job or light duty when you return to the workplace, you must cooperate with their efforts to return you to work.
• The Oregon State Employment Act (OSEA) codifies the common-law duty to provide safe places of employment. The purposes of the OSEA are to assure safe and healthful working conditions for every working man and woman in Oregon, to preserve Oregon’s human resources, and to reduce the expenses and human suffering created by occupational injury and disease.
• Every employer must furnish employment and a place of employment that are safe and healthful for employees. The OSEA requires employers and owners to not “construct or cause to be constructed or maintained any place of employment that is unsafe or detrimental to health.”
• In addition to recovery for physical injuries, psychological injuries are also compensable if attributable to the employer’s negligence.