Frequently Asked Questions
BEWARE SOCIAL MEDIA TRAP
If you are participating in social media, we would advise that you immediately change the settings on your profile so that the public cannot view your social media page(s). It is best to not discuss your claim, injuries, or facts about the accident or incident on social media. Insurance companies and defense lawyers sometimes “cherry pick” social media posts and try to downplay your injuries or cast you as a “bad person.” Even if your social media is “private”, defense lawyers normally request the content of your social media pages as part of the discovery process. Some judges allow this and require that you turn over access to your accounts.
Once you make an insurance claim, it is likely an insurance adjuster will try to find you on social media. If your social media is “private” and unavailable to strangers, they may try to “friend” you. We suggest you do not “friend” people you do not recognize after you have made an insurance claim. These people can be employees of the insurance company trying to infiltrate your social media network.
Any photographs, videos, or posts that are sent out on social media are often reviewed by insurance companies and incorporated into the evaluation of your claim. Photographs posted after you have made a claim are also fair game for insurance companies. We have been involved in hearings and trials where insurance companies have used photographs and postings of our client as exhibits in an attempt to hurt our client’s case in front of judges and juries. Photographs showing you enjoying certain activities on certain dates often are utilized by insurance companies to contradict statements by you or your doctors of the affect that the accident has had on your life.
Even if you have restricted access to your social media, it is our advice that you never post anything regarding your claim. This would include comments about the claim, such as how you are feeling about the claim, how you are physically or emotionally feeling, etc.
If you have any questions or concerns, please contact your attorney for legal advice.
Personal Injury FAQs
Personal Injury Protection (PIP) Claim
The second most important benefit you are entitled to under your insurance policy is the wage loss benefit. Under Oregon law, all automobile insurance policies purchased in the state of Oregon must provide a wage loss benefit in the amount of 70% of your gross wages earned up to a maximum of $3,000.00 per month. In order to become entitled to this benefit, it is required that you are totally disabled from your employment for a period of 14 consecutive days. At that time, you become eligible for this benefit. PIP wage loss benefits are a constant source of frustration for victims of automobile accidents. In order to issue your wage loss benefit, an insurance company needs two important pieces of information. First, a physician must declare that you are disabled from employment. Second, your employer must confirm that you were employed at the time of the accident, your expected schedule of employment, the amount of money you earned during your employment, and the dates you were unable to work.
In order to expedite payment of the PIP wage loss benefit, we strongly encourage our clients to get involved in their PIP wage loss benefit claim. We provide a form that you should have your employer fill out as soon as possible. Once your employer completes this form, you can either take it to your doctor’s office, or drop it off at our office and we will fax it over to your insurance company, so they have the information they need to issue payment. The PIP carriers generally issue payment within two (2) weeks after they receive verification from your employer. If you are not receiving your PIP wage loss benefit within this timeframe, you should verify with your doctor that they have sent your insurance carrier proof of your disability. If this has been done, then contact your attorney who will follow-up with your PIP carrier to ensure payment is processed.
- We encourage our clients to take their vehicle to a reputable collision center for a free property damage estimate. You will want to provide a copy of the property damage estimate to the insurance company and to your attorney.
- Set up a time and place for the insurance adjuster to inspect your vehicle. If your vehicle is inoperable and at a tow yard, the insurance adjuster will need to know where it is located.
- After you have completed the above two steps, the insurance adjuster will arrange to have your vehicle repaired at an auto repair shop. You can select the repair shop of your choice.
What if My Vehicle is “TOTALED”?
What if the Defense Insurance Carrier Declares That I Am at Fault?
How Much is My Personal Injury Claim Worth?
What is Happening on My Case?
Can I Cancel My Insurance or Change Companies?
Workers’ Compensation FAQs
Who is Entitled to Workers’ Compensation Benefits in Oregon?
It is important to know that there is no fault to prove or disprove in the workers’ compensation laws. For the purposes of receiving workers’ compensation benefits, it does not matter if you are at-fault or your employer is at-fault or if any third-party is at-fault. All that matters is whether your injury is work-related. However, if a third-party is at-fault (someone not from your own company), then you may have a lawsuit against that third-party as well.
Oregon law states that “subject workers” are entitled to workers’ compensation benefits in Oregon. The vast majority of workers in Oregon are “subject workers.” Being a “subject worker” implies that you are employed by a company or individual for a salary or hourly wages. It does not matter how long you have worked at your job. Independent contractors are not “subject workers.” However, in some instances, a worker may have been improperly categorized as an independent contractor by the employer. In these cases, the worker is entitled to benefits under Oregon’s workers’ compensation laws.
When Do I File an Oregon Workers’ Compensation Claim?
How Do I File a Workers’ Compensation Claim in Oregon?
In Oregon, a workers’ compensation claim should be filed with either an 801 Form or an 827 Form. An 801 Form is usually completed by the worker and the employer. An 827 Form is usually completed by both the worker and the worker’s physician. Both forms require the worker’s signature in order to constitute a legal claim under Oregon law. Links to the 801 and 827 Forms can be found here. Your employer, physician, or an Oregon workers’ compensation attorney can also help you obtain these forms. If you have any question about which forms to file, do not hesitate to contact us.