Beginning a Workers’ Compensation Claim in Oregon
Contact Our Workers’ Comp Attorney for a Free Consultation. Serving clients in Portland, Multnomah, Clackamas, and Washington Counties
If you have been injured on the job in Oregon, you likely have many questions about the Oregon workers’ compensation claim process. For many injured workers, simply beginning the process of filing a claim can be daunting with everything else they must do, including obtaining medical treatment and ensuring that their bills are paid on time while they are out of work.
At The Law Offices of Scott M. Supperstein, P.C., we can assist you with all aspects of your workers’ compensation claim. With over 35 years of legal experience, our Lake Oswego workers’ compensation attorney, Scott Supperstein, is well-versed in the various complexities of Oregon workers’ comp law. He can guide you through the process from start to finish and help you seek the rightful benefits you are owed.
For a no-cost, no-obligation consultation, contact The Law Offices of Scott M. Supperstein, P.C. online or by phone at (503) 386-9841 today.
How to Get Started with Your Workers’ Comp Claim
Prior to filing a workers’ compensation claim, you must ensure that you meet the eligibility requirements set forth by state law. In order to be eligible for workers’ compensation in Oregon, you must demonstrate that your injuries or condition occurred while you were at work or working or resulted from work-related duties and/or activities. The state follows a no-fault workers’ compensation system, meaning you do not have to show that your employer was negligent in any way.
If you are eligible, you may pursue several different types of workers’ compensation benefits. These include:
- Reasonable medical care
- Temporary disability benefits
- Permanent disability benefits
- Training/vocational assistance
Furthermore, if your family member died as a result of a work-related injury, accident, or illness, you may be eligible to file for death benefits.
The actual process of filing for workers’ compensation in Oregon can be fairly complicated. You must make sure that you meet all applicable deadlines and requirements.
While these vary slightly from case to case, the general process of beginning a workers’ compensation claim is as follows:
- Report the injury to your employer: Within 90 days of the accident or injury, or within 90 days of when you became aware of or reasonably should have been aware of your injuries, you must report it to your employer. If you suffer an occupational illness/condition, you have one year from the date you become aware of or reasonably should have been aware of the illness/condition to report it to your employer. This report must be provided in writing. Most injured Oregonians will need to provide a completed Report of Job Injury or Illness form (801) to their employers.
Obtain medical treatment: Once you have properly reported your injury or condition to your employer,
you should seek prompt medical attention. Depending on your circumstances,
you may select your own treating physician or you may be required to attend
up to three
independent medical examinations, or IMEs. In any case, your doctor will need to complete a Workers’ and Physicians’
Report for Workers’ Compensation Claims form (827) at your first
appointment and provide it to the insurance company.
- Be sure to attend all medical exams, including IMEs.
- Do not exaggerate or downplay any of your symptoms.
- Provide accurate information about your injuries, including how they occurred and their severity. Failure to do any of these things may result in a denial of your claim.
- Receive notice of your claim’s acceptance or denial: After conducting an investigation into a variety of things, including the results of your IMEs/medical examinations, the insurance company will conclude whether or not you are eligible for workers’ compensation benefits. You will receive notice of your claim’s approval or denial, along with applicable explanations.
If your claim is denied, The Law Offices of Scott M. Supperstein, P.C. can help. Our Lake Oswego workers’ compensation attorney can assist you with any aspect of filing your workers’ comp claim, including appealing denied claims. The firm can also assist you with a worker-requested medical examination (WRME) if your claim is denied on the basis of your IMEs.