Workers’ Compensation ~ Matthew L. Roy
Injury On The Job?
Has your claim been denied or not been correctly accepted? Are you entitled to benefits you have not received? Are you unsure of the benefits to which you are entitled to under Workers’ Compensation law? Now is the time to contact Matthew for a free consultation to ensure you understand the law and receive the full extent of benefits you are entitled to.
At Dunn & Roy, PC, we support injured workers in all aspects of workers’ compensation claims. Whether your claim is new or old, open or closed, accepted or denied, we will help you navigate through the complex Oregon workers’ compensation laws to get the best result possible. If you suffered an injury while on the job at the office, on the site, in the field, or on the road, contact our office today to schedule your free consultation.
Who is Entitled to Workers’ Compensation Benefits in Oregon?
It is a fact of life that people get injured at work. Sometimes injuries happen quickly and unexpectedly, like a slip in the bathroom or a crash of a delivery truck; other injuries take years to develop from the continuous strain of carrying heavy loads or other intense activities. Whatever the case may be, Oregon law requires most employers to carry insurance to benefit workers who are injured on the job.
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?
A workers’ compensation claim should be filed as soon as possible after a workplace injury or death. Workers who have developed a disease (as opposed to an acute injury) should file a claim as soon as they have reason to believe the disease is related to their employment. Common “occupational diseases” include: hearing loss and carpal tunnel syndrome. A worker usually learns his or her disease is work-related after being informed by their physician. If you are concerned you may have developed an occupational disease, seek the counsel of your physician or a workers’ compensation attorney.
How do I file a workers’ compensation claim in Oregon?
Filing a workers’ compensation claim is a straightforward process. Many hospitals and doctor’s offices are familiar with work-related injuries and have the forms on-hand. You can also read below and follow the links to download the forms that you need, or you can request them from your employer.
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.