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Injuries That Qualify For Workers’ Compensation

December 9, 2021
Injured person holding a pen

You spend many hours of your life at work, making it very possible that one day you might suffer an injury while you are on the job. You may even develop an illness or disease because of your line of work. In any situation where an injury or illness happens due to your job, you can count on having medical bills because of it.



Paying for medical bills while taking time off work to recover from an injury is a stressful situation. Fortunately, Oregon law has established workers’ compensation benefits to protect employees in these circumstances. However, the process of filing a claim for workers’ compensation benefits is challenging.


The Law Office of Michael J. Orlando can help you navigate this difficult process. Attorney Michael J. Orlando spent more than a decade working as an insurance adjuster, auditor, and supervisor. Now, he has dedicated himself to putting that experience to work on the other side of the courtroom. The Law Office of Michael J. Orlando is proud to represent injured workers in Beaverton, Oregon, as well as Eugene, Salem, and Portland.

Workers’ Compensation Laws in Oregon

Workers’ compensation laws were developed to protect the worker if he or she is injured or develops a medical condition due to their job. Workers’ compensation provides financial compensation for various costs, such as payment for medical treatment, physical impairment, and lost wages resulting from a workplace injury.

Injuries That Qualify for Workers’ Compensation Benefits in Oregon

Generally speaking, there are two types of qualified injuries that will be covered by workers’ compensation benefits in Oregon.

The first type of injury is a sudden injury, such as a slip and fall. A strain from lifting a heavy object or an injury that was the result of an accident on the job (such as losing a finger) will also be covered in most situations.



The other type of injury is an occupational disease. For example, if you or a loved one developed cancer because of exposure to cancer-causing chemicals on the job, then your costs would be covered by workers’ compensation benefits. This also includes any medical condition that arises in major part (51% or greater) from your work activities such as repetitive trauma conditions like carpal tunnel syndrome, hearing loss, etc.

It’s also important to note that if you have a pre-existing condition, your doctor must establish that your injury was aggravated by your work. An experienced workers’ compensation attorney can help you determine whether your situation qualifies.

Injuries Not Covered

Some injuries will not be covered by workers’ compensation benefits. An injury will not be considered a qualified injury if the employee was:



  • Intoxicated
  • Under the influence of illegal substances
  • Engaging in illegal activities
  • Roughhousing/engaging in horseplay
  • Engaging in an act with the intention to cause the injury


An employee who has been laid off or fired cannot file for workers’ compensation benefits. You also cannot file if the injury happened while driving to or from work or if you were violating company policy, procedure, or protocol.

Benefits Available

If your injury qualifies for workers’ compensation benefits, you may be able to receive a variety of financial benefits, such as payment for medical treatment, physical impairment, and lost wages resulting from your workplace injury. The first step in receiving benefits is filing a claim. There are several types of benefits you can receive for a work injury.

Temporary Total Disability

Many injuries require that the employee take time off to recover. In this situation, you can apply for temporary total disability payments. The amount you will receive is two-thirds of your gross average weekly wages. The state sets a maximum amount for this type of disability payment each year.

Partial Disability

In a partial disability situation, the work injury caused the worker to be unable to return to their previous level of work. However, they can return to work at a level that matches the level of their disability. In this situation, you would receive temporary partial disability benefits. An experienced personal injury attorney can help you determine how much your partial disability benefits might be.

Vocational Rehabilitation

After an on-the-job injury, vocational rehabilitation or vocational assistance provides support to the worker to help them find a more suitable job after the injury. You may be able to receive this type of benefit after filing a claim.

Permanent Partial Disability

Sometimes an injury leaves a worker permanently disabled but still able to return to work. In this case, the worker will receive a permanent partial disability award.



It’s important to know that the amount of the award depends on two factors: the severity of your injury or impairment as well as the impairment rating assigned by your doctor.

Total Disability

In more serious cases, the injury causes the employee to be unable to return to work. This situation results in a permanent and total disability that prevents you from working in any capacity.



You will be able to receive two-thirds of your average wages for as long as you are unable to work. Know that about every other year, your employer will reexamine you to verify that your situation is the same.

Death Benefits

In the worst-case scenario, a worker may pass away due to an on-the-job injury or occupational disease or illness. If the insurer accepts the claim, then under Oregon law, the insurer must make monthly payments to the worker’s spouse, children, or other eligible beneficiaries. It’s also the law that the insurer must pay for funeral expenses.

How The Law Office of Michael J. Orlando Can Help

Recovering from an injury sustained at work takes time and medical attention. Workers’ compensation benefits can help you and your family during this challenging time. Attorney Michael J. Orlando will put his experience and his passion for representing the injured worker to work for you. The Law Office of Michael J. Orlando represents clients in Beaverton, Eugene, Salem, Portland, and other cities throughout the state of Oregon. Contact us today to set up your free consultation.

I Don’t Like the Doctor They Sent Me To. What Can I Do?

June 17, 2022
An injury at work can have a serious impact on your health. To recover fully from your injury, you’ll need excellent medical care from a doctor that you trust. But, what if you don’t like the doctor that the hospital or your employer sent you to?  In Oregon, you have options when it comes to your treatment after a work injury. However, the process of changing your workers’ compensation doctor can be complicated and confusing. With the help of an experienced workers’ compensation attorney , you can navigate the process and be confident that your best interests are represented. Whether you need help filing a claim for a work injury or you’re ready to switch doctors, the Law Office of Michael J. Orlando is ready to assist you. Our attorney has years of experience in the insurance industry, having worked as an adjuster, auditor, and insurance company supervisor. Now, he works to help injured workers receive the compensation they deserve. The Law Office of Michael J. Orlando is proud to serve clients in Beaverton, Oregon, as well as Eugene, Salem, and Portland.

What If My Workers’ Compensation Claim is Denied?

April 26, 2022
Workplace accidents can happen for any number of reasons, and when they do, it’s reassuring to know your expenses will be covered by worker’s compensation benefits. Workers’ comp insurance is required for the vast majority of Oregon employers and ensures that costs like medical bills and lost wages are covered by their plan. While many of these claims are straightforward, others can be more complicated, and you may be denied coverage. When this happens, you have every right to appeal this decision. If you’d like help with filing or appealing a recent workers’ comp claim denial, give us a call at the Law Office of Michael J. Orlando to discuss your options. From our offices in Beaverton, Oregon, we’re able to serve any injured worker throughout the State of Oregon.

What Benefits are Available Through Workers’ Compensation?

April 16, 2022
Workplace accidents happen every day. Suffering an injury in the workplace can affect your future negatively. Worse yet, an injury could mean you can no longer work in the job you have experience in, all the while being riddled with medical bills.  At the Law Office of Michael J. Orlando, we diligently strive that you can get the best outcome for your future. Making a workers’ compensation claim is not easy to do, and having an experienced attorney by your side allows you the knowledge and support you need, with the same goals you have. We strive to get you the full benefits you deserve. Our comprehensive knowledge of workers’ compensation benefits has helped clients in Beaverton, Portland, Salem, Eugene, and throughout Oregon.

Dispelling Workers' Compensation Myths

March 4, 2022
Employees who are injured in a work-related accident are entitled to receive workers' compensation benefits, including medical bills, lost wages, and permanent disability due to their injuries. However, there are lots of collective popular opinions and false assumptions out there surrounding workers' compensation insurance claims in Oregon. Without experienced guidance, an employee could easily make irreversible mistakes or hurt their case inadvertently when pursuing their workers' compensation benefits.  At the Law Office of Michael J. Orlando, we have the diligence, skills, and resources to assist, guide, and represent clients in their workers' compensation claims. Our knowledgeable Oregon workers’ compensation attorney can enlighten you about the common misconceptions surrounding the state's workers' compensation system, explore your options to seek workers' compensation benefits, and explain how to maximize these benefits. Also, we will fight vigorously to protect your best interests and help you pursue your deserved compensation for your workplace injuries or diseases. The Law Office of Michael J. Orlando is proud to serve clients across Beaverton, Oregon, and the surrounding areas of Portland, Salem, and Eugene.

Can You Reopen Closed Workers’ Compensation Cases in Oregon?

February 17, 2022
If you’ve ever been injured in a work-related accident, you know that workers’ compensation will cover your medical expenses and any lost wages that are related to the injury. Most employers in Oregon are mandated by the state to carry this insurance for their employees, and by doing so, they ensure the safety and security of the workers as well as themselves since receiving these benefits means employees cannot pursue litigation. But what happens if your case has already been closed yet you still need treatment for your workplace injury? If you’d like to know more about reopening your workers’ compensation case, call the Law Office of Michael J. Orlando to speak with an experienced attorney . We’re proud to represent and support workers in and around Beaverton, Oregon, and throughout the state, including the Portland metro area, Salem, and Eugene.

Can I Apply for a New Job While on Workers' Comp?

January 28, 2022
If you have been hurt on the job, workers’ compensation may reimburse you for your medical bills and cover a portion of your lost wages. Many injured workers who receive workers’ compensation benefits are unable to return to their job until they recover from the injury. Some workers may want to apply for a new job while receiving workers’ compensation.  The problem, however, with seeking employment while on workers’ compensation is that it could potentially affect your benefits. That is why you need to consult with a workers’ compensation attorney in Beaverton, Oregon, to discuss how taking a new job might affect your benefits. At the Law Office of Michael J. Orlando, we help workers throughout Oregon—including Beaverton, Portland, Eugene, and Salem—navigate the workers’ compensation system.

Workers’ Compensation & Third Party Claims

December 7, 2021
When a worker gets injured while performing their work duties, they may be able to obtain compensation for some of their expenses and losses by filing a workers’ compensation claim against the employer’s insurance. In some cases, however, a workers’ compensation claim may not be the only claim an injured worker can pursue to recover damages.  Depending on the circumstances of your work-related injury, you could be able to file a third-party personal injury claim. Each case is unique, which is why you should have a consultation with an experienced workers’ compensation attorney here in the Beaverton, Oregon area. At the Law Office of Michael J. Orlando, we represent victims of workplace accidents and help them pursue benefits through workers’ comp and third-party liability claims.
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