Workers Comp Lawyer Portland Oregon

If you’ve been injured on the job, you’ll benefit greatly by knowing the rules associated with workers’ compensation laws. The laws around workers’ compensation in Oregon are complicated. Even taking time to educate yourself may not be enough when you’re going up against experienced insurance companies. Your best bet may be to contact an Oregon attorney who has knowledge and experience handling workers’ compensation cases.

What is Workers Comp?

Workers’ comp (compensation) provides lost wages, medical expenses, and rehabilitation costs to employees who’ve been injured on the job and therefore can’t continue to work. The coverage and benefits are mandated by each individual state. Workers’ compensation benefits are purchased by businesses and are underwritten by insurance companies or by publicly supported funds from the state.

 

Schedule a Consultation

Call us directly 503-372-6244 or register for a free consultation, responses typically by end of working day

Personal Injury Areas of Expertise

Motor Vehicle Accidents
Car and Truck Collisions
Accidents Caused by Uninsured or Under-Insured Drivers
Accidents Caused by Drunk Drivers
Motorcycle Accidents
Accidents Including Bicyclists
Dog Attack Injuries

How Does Workers Comp Work?

How does workers comp work? 

● By law, Oregon employers that have one or more full or part-time employees, must carry workers’ compensation insurance or be self-insured. Workers’ compensation insurance protects both workers and employers. A company that carries workers’ comp is shielded from liability lawsuits that could come about from illnesses or work-related injuries. 

● Most of the benefits workers receive are financed by premiums paid by employers. 

● Workers who have work-related injuries or illnesses must file a claim to be eligible for benefits. They will need to fill out Form 801-the Report of Job Injury or Illness or Form 827-the Workers and Physicians Report for Workers’ Compensation which can be obtained from your doctor. Once your employer has submitted either one of these forms to insurance, your claim has officially been started. 

● Employers are required to notify their workers’ compensation insurance company within 5 days of learning about the claim.

● Even if a worker doesn’t want to file a claim, the employer should always offer them Form 801. 

● Employers aren’t allowed to prohibit a worker from filing a claim.

● An insurer is required to make the decision to either accept or deny a claim within 60 days of the claim being filed. If your claim is denied, you will be sent a detailed letter explaining why and providing information about your right to appeal the denial. 

● If your claim is accepted, you should receive a Notice of Acceptance letter. This letter will go over the conditions that will be covered under the claim. 

● If your claim is accepted, you may receive payment from the workers’ compensation insurer for lost wages and permanent disability. Oregon’s workers’ compensation may also include death benefits or vocational services. 

How Much does workers comp pay in Oregon? 

There is obviously no way to give a dollar amount to how much you could receive in workers’ comp benefits in Oregon. Because every situation and salary are different, the amount will be figured by a percentage of your specific salary. For example, if your doctor authorizes you to take time off work, you are entitled to two-thirds of your average weekly wages up to a capped amount the state sets each year. 

Workers’ compensation does not pay your full salary. It’s a system designed to provide relief and aid to injured workers, not replace their salary in full. There are several factors that help determine how much you will get paid. Each state has its own rules and guidelines to determine this amount. 

What Types of Injuries Are Covered By Workers Comp?

What types of injuries are covered by workers’ compensation?

All work-related illnesses, occupational diseases, or injuries are covered by workers’ compensation. For example, if you injured your back slipping on the wet floor while on the job, you would have a claim for compensation benefits. Your injury qualifies, provided it meets the following criteria: 

1. Your injury wasn’t self-inflicted 

2. You were working at your job when the accident happened 

3. Your doctor can prove that your pre-existing condition was aggravated by your employment or specific working conditions Although you technically have 90 days to report any incident, you shouldn’t delay reporting it to your employer. Your employer can’t legally prohibit you

from submitting any claim. You can submit your claim to the insurance company on your own if you feel they are dragging their heels. If you feel your employer isn’t cooperating or following correct protocol, you can report them to the Workers’ Compensation Division.

Workers’ Comp Settlement 

If your claim is accepted, below is a list of the benefits payable for on-the-job injuries or illnesses: 

● Medical expenses associated with medical care are covered. ● Permanent disability benefits cover injury or illness that is so severe, you may not fully recover. You could receive either partial permanent disability or total permanent disability benefits depending on the circumstances. 

● Recovered missed wages will be awarded if your doctor authorizes you to take time off work while you’re in recovery. 

● Covers funeral expenses if an employee loses their life in a work-related incident. 

● Pays for ongoing care costs if you need additional treatments.

Workers comp attorney in Portland Oregon 

An experienced workers’ comp attorney in Portland believes that all accidents should be compensated fully and be prepared to fight for that belief. If you’ve been injured at work, you don’t have to deal with the complicated process of filing a claim on your own. You have the right to get a workers’ comp lawyer involved at any point. Attorney fees are paid out of or in addition to any compensation that may be received by the injured party. 

It’s important to understand that if you are an employee hurt at work, you probably have a right to workers’ compensation benefits. You also may be eligible to receive compensation that covers other damages as you recover. Hiring a lawyer with the experience and reputation of Shannon Powell can help protect your rights and ensure you receive the fair compensation you deserve. 

In the state of Oregon, workers compensation is a system of laws designed to provide medical care and wage replacement to individuals who are injured or become ill while working. Workers' compensation benefits include medical bills, disability payments, rehabilitation costs, and other benefits. In order to be eligible for workers' compensation benefits, an employee must be able to prove that the injury or illness was a direct result of their work. Additionally, employers in Oregon are required to carry workers' compensation insurance to cover the costs of any claims. 

  • No, the amount of a workers' compensation settlement in Oregon is based on several factors such as the severity of the injury, the amount of lost wages, and any permanent disability or impairment. Surgery may be a factor that is considered when determining a settlement, however, it is not the only factor.

  • A workers' compensation settlement is typically offered after the extent of an injury or illness has been determined and a medical evaluation has been completed. The settlement amount is based on the severity of the injury or illness, any lost wages, and any permanent disability or impairment. Most workers' compensation settlements are offered in an effort to avoid costly or lengthy litigation.

  • Yes, it’s possible to receive disability benefits after a workers' compensation settlement. Typically, a disability claim will be assessed by the Social Security Administration after a settlement has been reached. The amount of disability benefits received will depend on the severity of the specific situation.

  • The timeline for when a worker receives their compensation settlement depends on the specifics of the case. If a worker and their employer have agreed on a settlement, the worker typically receives payment within a few weeks of the agreement. If the settlement is reached through court proceedings, the worker can expect to receive payment within a few months.

  • In Oregon, insurance companies may delay their response to an attempt to derail a workers' comp claim in a few ways:

    ● First, they may try to delay the initial filing process by denying or delaying an application for benefits or refusing to accept the medical documentation necessary to support the claim.

    ● Second, insurance companies may also attempt to delay the payment of benefits by delaying the processing of paperwork or denying a claim for benefits outright.

    ●Lastly, insurance companies may also attempt to delay the process of appeals by prolonging the appeals process or refusing to accept a settlement offer.

    All of these tactics are intended to delay the payment of benefits, which may result in financial hardship for the injured worker.

Conclusion on Workers Comp in Portland Oregon  

If you’ve been injured at work or feel your occupation has negatively affected your health, you could be eligible for compensation. To ensure that you’re treated fairly, contact a Portland workers’ compensation attorney. Shannon Powell with Powell Law knows Oregon law and has the experience to help you navigate this difficult process.

*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.