Free Oregon Workers' Compensation FAQs | Free Oregon Workers' Compensation Legal Documents

How Do I Know If My Employer Is Covered By Workers' Compensation?

Tue, 29 May 2007 21:19:00 GMT

Every employer employing one or more workers in the state is subject to workers` compensation. The State of Oregon requires almost all employers to carry workers` compensation insurance on their employees. Here are some of the most common exceptions: Sole proprietors, Certain Partners, Private residence workers and most Corporate officers.

How Long After An Injury Do I Have To Report It To My Employer?

Mon, 04 Jun 2007 21:51:22 GMT

Within 90 days a worker or workers` dependent must notify the employer of a work related injury (up to one year if the employer had knowledge of the injury or the worker dies within 180 days of the accident.) An occupational disease claim must be filed within one year from date the worker first discovered or with reasonable care should have discovered the occupational disease Or within one year from the date the worker becomes disabled or is told by doctor of the occupational disease, whichever is later.

If I Am Injured On The Job Can I Choose The Doctor Who Treats Me?

Tue, 29 May 2007 21:19:00 GMT

Unless the insurer has enrolled you in a managed care organization, you may treat with any doctor who qualifies as an attending physician under Oregon law. Your doctor will tell you if there are any limits to the services he or she can provide.

If your employer is covered by a managed care organization contract, the insurer may enroll you with the managed care organization at any time after your injury, and you may be required to select a managed care organization doctor. The insurer will give you a list of providers with the enrollment notice. Until you are enrolled, any doctor may treat you if he or she qualifies as an attending physician. After enrollment, if you have a regular doctor who is a family practitioner, general practitioner, or internal medicine specialist, he or she may continue to treat you if treatment is provided according to the managed care organization contract.

You may change doctors two times. Additional changes require permission from the insurer or the Workers` Compensation Division. If you are enrolled in a managed care organization, your rights may differ.

If I Am Unable To Return To The Type Of Work I Did Before I Was Injured, What Happens?

Mon, 04 Jun 2007 21:51:22 GMT

Most Oregon employers are required to return you to your job or another suitable job after your doctor releases you to work. The insurer will send you written notice that your doctor released you to go back to work. When you receive this notice, you must ask your employer for your job or another suitable job within seven calendar days (sooner if your union contract or employer`s personnel policies require it) or you will lose your right to be reinstated with your employer.

If your working hours are reduced or you are doing lightduty work that pays less than your regular wage, the insurer will send you partial timeloss payments to replace part of your lost wages. If your employer offers you a lightduty job, contact your doctor to find out if you are physically able to do the job. If your doctor says you can do the job, you must accept the job or your timeloss benefits will be reduced or stopped. If you find you cannot do the lightduty job due to your injury, contact your doctor immediately. If your lightduty job pays less than your job at the time of injury, you will receive timeloss checks to make up part of the lost wages.

My Employer Has Denied My Claim, What Do I Do?

Tue, 29 May 2007 21:19:00 GMT

If a claim is denied, the injured worker gets a letter from the insurer telling him or her why the claim is denied and about the right to appeal the denial to the Hearings Division of the Workers` Compensation Board. If a claim is accepted, the letter from the insurer will be a notice of acceptance specifying the medical conditions that will be covered under the claim. Workers` Compensation Board oversees the claims handling process, ensuring that it is done accurately and in a timely manner. Throughout the claims process, injured workers are informed about what to do and who to contact if they disagree with a decision or some other aspect of how their claims are being handled.

Either the insurer or an injured worker may request mediation services from Workers` Compensation Board or the Workers` Compensation Board if they dispute a claim issue; either the insurer or an injured or ill worker has the right to request a hearing or an administrative review. Some issues must be appealed to Workers` Compensation Board before going to the Workers` Compensation Board. During the appeals process, the insurer will have a lawyer; injured workers may also hire lawyers, with fees paid out of or in addition to the compensation awarded.

An injured worker may also contact The Office of the Ombudsman, which was established for Injured Workers as an independent advocate for Oregon`s injured workers and reports only to the director of the Department of Consumer & Business Services. The ombudsman`s office helps injured workers dealing with the workers` compensation system.

For further information, you can contact the Workers` Compensation Division at the address or phone number below.

Workers` Compensation Division
350 Winter St. NE, Rm. 27
Salem OR 973013879

Division Reception (503) 9477810
Workers` Compensation Infoline (toll free in Oregon)
18004520288

What Workers' Compensation Benefits Am I Entitled To?

Tue, 29 May 2007 21:19:00 GMT

A worker temporarily or permanently disabled by an accepted workrelated injury may receive payment from the workers` compensation insurer for medical treatment, lost wages, and permanent disability. Some workers may qualify for vocational services. Oregon`s workers` compensation benefits also include fatality benefits.

When Will My Benefits Begin And How Much Will They Be?

Tue, 29 May 2007 21:19:00 GMT

You will not be paid for the first three calendar days you are off work unless you remain unable to work for 14 consecutive days or are hospitalized as an inpatient during the first 14 days of total disability. If you cannot finish your work shift on the day you are injured, that day will be the first day of the threeday waiting period, even if you lose no wages. If you are released for modified duty at any time during the 14 days, the first three days are not paid.

Timeloss benefits, sometimes called temporary total disability or temporary partial disability, are based on your weekly wage when you were injured. If you cannot work at all, timeloss payments will equal twothirds of your gross wage, as long as that is not more than Oregon`s average weekly wage.

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