Workers’ Compensation in Oregon: What You Need to Know
If you get injured while working in Oregon, you may be entitled to workers’ compensation benefits. These benefits can help you cover medical expenses, lost wages, and other expenses related to your injury. However, understanding the workers’ compensation process can be complicated, especially when you’re focused on your recovery. That’s why we’ve put together this guide to workers’ compensation in Oregon, to help you navigate the system and get the compensation you deserve.
Who is Covered by Workers’ Compensation in Oregon?
Almost all employers in Oregon are required to provide workers’ compensation coverage for their employees. This includes full-time, part-time, and temporary employees, as well as volunteers and apprentices. There are a few exceptions, such as people who work for very small companies (with fewer than three employees), independent contractors, and certain agricultural workers. However, if you’re not sure whether you’re covered, it’s always best to consult with a workers’ compensation attorney.
What Injuries are Covered by Workers’ Compensation in Oregon?
In Oregon, workers’ compensation covers any injury or illness that arises out of your job. This includes injuries from accidents, as well as illnesses caused by exposure to hazardous materials or repetitive motion. You don’t need to prove that your employer was at fault for your injury; in fact, you can receive workers’ compensation even if your own negligence or mistake caused your injury.
However, there are a few exceptions to what injuries are covered. For example, if you were injured while under the influence of drugs or alcohol, or if you intentionally caused your own injury, you may not be eligible for benefits. Additionally, if you were injured while performing a task that was not related to your job duties (such as running a personal errand), you may not be covered.
How to Report a Workplace Injury in Oregon
If you’re injured on the job in Oregon, you should report your injury to your employer as soon as possible. Your employer should provide you with a form to fill out, called a “worker’s and physician’s report of injury,” which you should complete and return to your employer within 90 days of your injury. If you miss this deadline, you may lose your right to benefits.
After you report your injury, your employer should notify their workers’ compensation insurance company. The insurance company will investigate your claim and decide whether to approve your benefits. This process can take several weeks, so it’s important to start the process as soon as possible.
What Benefits are Available under Workers’ Compensation in Oregon?
If your claim is approved, you may be entitled to several types of workers’ compensation benefits. These include:
1. Medical Benefits: Workers’ compensation should cover all costs related to your medical treatment for your workplace injury or illness. This includes doctor’s visits, hospital stays, prescription medications, physical therapy, and other related expenses.
2. Wage Replacement Benefits: If your injury or illness causes you to miss work, you may be eligible for wage replacement benefits. These benefits can help replace lost income if you’re unable to work due to your injury.
3. Disability Benefits: If your injury or illness causes a permanent disability, you may be eligible for disability benefits. These benefits can compensate you for the loss of earning capacity and the long-term effects of your injury.
4. Vocational Rehabilitation: If your injury prevents you from returning to your previous job, you may be eligible for vocational rehabilitation. This can include job training, education, and other services designed to help you return to work.
5. Death Benefits: If a worker dies as a result of a workplace injury or illness, their dependents may be eligible for death benefits. These benefits can compensate for lost income and other related expenses.
How to Appeal a Denial of Workers’ Compensation Benefits in Oregon
Unfortunately, not all workers’ compensation claims are approved. If your claim is denied, it’s important to understand your appeal rights. You must file an appeal within 60 days of receiving the denial notice. You may need to attend a hearing before an administrative law judge, who will decide whether to overturn the denial.
If you’re denied benefits or you have questions about the workers’ compensation process, it’s always a good idea to consult with a workers’ compensation attorney. An attorney can help you understand your rights and navigate the system so that you can get the compensation you’re entitled to.
For more information about workers’ compensation services in Oregon, visit the Oregon Workers’ Compensation Services website at https://www.oregon.gov/dcbs/workers/Pages/index.aspx.