Filing A Workers Compensation Claim

Providing workers' compensation is basic to employers in Oregon, most especially in occupations where threats to health and life are significant. Chemical factory workers, for example, are entitled to benefits, in case they are injured or perish while on the job. A workers' compensation attorney in Oregon is not hard to find, and this makes the picture more reassuring for Portland workers. In any case, filing a worker's compensation claim within the state should be easy, but not without first understanding how it works.

The Oregon Workers Compensation System

Employers in Oregon are obliged by law to provide compensation insurance as a way to protect workers against financial losses that result from medical treatments, unemployment, and liability lawsuits that stem from illness or injury related to work. Under the system, employers pay compensation insurance companies, who will then pay for most of the workers' benefits if they suffer from any work-related injuries or diseases. Who gets the benefits. Up to what level are defined by the laws. In Oregon, the Department of Consumer and Business Services is directly in charge of implementing the state's workers' compensation system.

Types of Workers' Compensation Benefits

There are four basic types of workers compensation benefits in Portland, namely medical, time loss, permanent disability and vocational rehabilitation. Medical benefits cover all work-related injury or sickness costs, including hospital accommodation, doctors' fees, emergency room services, consultations, physical therapy, surgery and many more. Under time loss benefits, a worker gets ⅔ of his average weekly income if he is unable to report for work due to injury. If the person is forced to work in a modified position with fewer wages due to a work-related illness or injury, time loss benefits will supplement his salary. Permanent disability benefits will depend on the extent of disability, and may increase for those who couldn't get back in the job and perform normal duties. Vocational rehabilitation benefits are provided if the worker cannot find a job that can pay no less than 80% of what the person was making before the injury. In all of these cases, the worker cannot sue his employer but can instead file a workman's comp claim in Portland.

How to File a Workman's Compensation Claim in Portland

First things first, the employer must be informed in writing. In Oregon, claimants can fill out an "801" form which is to be submitted to the employer, but not without the worker keeping a copy to himself. If the employer denies the claim, a workers' comp attorney in Oregon can check if this can be overturned. Note that a hearing may be requested only within 60 days, so it's important that all steps are taken in a timely manner. Insurers will usually push for a settlement of claims, and sometimes this is the best way to go. It is best to have a lawyer assess the situation so the claimant can see whether the proposed settlement will work best. A lawyer will also determine the size of the claim, making it as favorable as possible to the worker.