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Worker's Compensation Comp Form for Claims

Dispelling Workers' Compensation Myths

Law Office of Michael J. Orlando 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.

Common Myths About Workers' Compensation Claims in Oregon

There are lots of false assumptions that surround the state's workers' compensation insurance claims. Due to this, workers' compensation attorneys need to take their time to educate clients about the process and what to expect when they file their claims. Here are some common myths and misconceptions about workers' compensation claims in Oregon and a brief explanation about why they are false:

Myth #1: I'm a remote employee, so I am not covered under workers' compensation.

Under state laws, both telecommuting and remote workers are generally covered by the workers' compensation insurance policy. Therefore, regardless of where you're working from, if your injury occurred during work hours – while completing a work-related task – you may be eligible for workers' compensation benefits.

Myth #2: I could be fired for filing for workers' compensation.

This is not true. An employer is prohibited from firing – or retaliating against – an employee who files a worker's compensation claim. If your employer has retaliated against you for filing a workers' compensation claim, your attorney can help take the required legal steps to protect your rights and best interests.

Myth #3: I'm required to claim workers' compensation on my taxes.

In most cases, injured employees are not required to claim workers' compensation on their taxes. You don’t have to pay taxes on the compensation you receive for your work-related injury or disease. Therefore, whether you received a lump sum settlement or wage loss benefits at weekly intervals, workers' compensation benefits are neither taxable nor reported.

Myth #4: I can't apply for a new job while on workers' compensation.

This is another common misconception. Under state laws, you are within your rights to change jobs or apply for new employment even while receiving workers' compensation benefits from your current employment. However, if you take another job, you will only be eligible for partial benefits.

Myth #5: Once a workers' compensation case is closed, it can't be reopened.

Reopening a closed workers' compensation case allows you to seek additional medical treatment or wage loss benefits for a job-related injury or disease. If your condition has deteriorated since closing your workers' compensation case in Oregon, you may be entitled to reopen your closed claim if:

  • Your medical condition deserves additional benefits.

  • Your worsening health condition is connected with your initial work-related illness or injury.

  • It is less than five years since the date of your injury (for a non-disabling claim) or that your claim was first closed (for a disabling claim).

Moreover, the form of settlement you signed may also affect your ability to reopen the closed workers' compensation case.

Myth #6: I can file for workers' compensation without the help of an attorney.

When filing a workers' compensation claim, it is crucial that you retain an experienced attorney. Your legal counsel will review the facts of your case, help facilitate the entire process, and attempt to maximize your worker's compensation benefits. Hence, you're strongly advised to retain an attorney when seeking your workers' compensation claims.

How the Law Office of Michael J. Orlando Can Help

Being injured or suffering a disease in your employment can be a difficult and emotional experience. Such an unfortunate incident can have a substantial impact on your mental, financial, and physical well-being. Thankfully, you may be eligible to seek fair compensation by pursuing workers' compensation benefits. An experienced workers' compensation attorney can educate you about the common misconceptions and myths surrounding the claims process and help you navigate crucial decisions when seeking your workers' compensation benefits.

At the Law Office of Michael J. Orlando, we are dedicated to offering knowledgeable legal guidance and compassionate representation to employees involved in work-related accidents. We will fight diligently to advocate for your legal rights and help you seek your rightful compensation for your injuries, lost wages, permanent impairment, and any other available damages.

Contact the Law Office of Michael J. Orlando today to schedule a simple case assessment with a trustworthy workers' compensation lawyer. We can offer you the experienced legal counsel, support, and vigorous representation you need to recover the workers' compensation benefits that you're entitled to. We're proud to serve clients across Beaverton, Portland, Salem, and Eugene, Oregon.