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.
Workers’ Compensation Benefits in Oregon
There are many benefits to making a claim with Oregon workers’ compensation insurance. If the claim is accepted, they pay for medical treatment, lost wages, and more.
What Is Covered?
Not surprisingly, due to the range of injuries or accidents that can happen at work, workers’ compensation covers a wide variety of areas:
Ongoing care costs
Costs for retraining
Compensation for any permanent injuries
Benefits to families of workers who are killed on the job
Am I Eligible?
By law, Oregon employers are required to carry workers’ compensation insurance or be self-insured if they have one or more employees, either full-time or part-time. There are some exceptions, such as police, firefighters, casual & domestic workers, and others, but the main goal of workers’ compensation insurance is to protect any and all workers in Oregon. Reach out to an attorney to see if you qualify.
Applying for Benefits
If injured at work, there is a strict protocol for filing for workers’ compensation benefits.
Reporting to Your Employer
The first step is to tell your employer about your work-related injury or illness right away. After that, you will fill out a “Report of Job Injury or Illness'' form and turn it in to your employer. Once informed of the injury, your employer has five days to report the incident to their workers’ compensation insurance carrier.
Seeking Medical Care
Next, you will most likely go to the doctor after your injury. Let your doctor know it is a work-related injury. Your doctor should help you complete the “Workers and Health Care Provider’s Report for Workers’ Compensation Claims” form. Your doctor should send this to the insurer within 72 hours of your visit to help file your claim. Your employer can not pay for medical costs out-of-pocket, and your doctor should not bill you.
Filing a Claim with the Insurance Carrier
Once the insurer has received your claim, they have 60 days from your employer’s knowledge of the claim to timely accept or deny the claim. You will be notified of the decision in writing, whether you’re accepted or denied. A “Notice of Acceptance” or denial letter – with an explanation for why it was denied – will be sent. If denied, you have the right to appeal the decision.
Appealing a Decision
If your workers’ compensation claim is denied by the carrier, you have the right to appeal the decision and have the State of Oregon review the decision.
Statutorily, to be granted an appeal hearing, you must file the request within 60 days of the written letter. The denial letter you received will include your rights for an appeal, and there will be an address provided – this is where you will send a letter requesting an appeal.
Claims are denied for a wide variety of reasons. These are some common reasons why your workers' compensation claim may have been denied:
Your injury did not occur while performing your job
Your injury was caused by a preexisting injury or condition
Dispute as to when or where the injury occurred
A health provider concluded you were not disabled as a result of your work injury
A dispute whether you sustained injuries at all
How Beaverton, Oregon Workers’ Compensation Legal Counsel Can Help
Workers’ compensation benefits are crucial to helping injured workers recover, both for their own sake and for their loved ones. When these benefits are denied, it can be discouraging. Our team at the Law Office of Michael J. Orlando has the experience and passion for representing the injured worker to seek the compensation that is deserved. Our Beaverton office proudly serves clients throughout Oregon. Contact our team today to set up your free consultation.