Workers’ Compensation
I have years of experience representing workers who have been hurt on the job. Please Contact me at (503) 620-3171 or at slgabin@pacifier.com for a FREE consultation.
As soon as you know you are hurt, tell your employer about it and explain exactly what happened.
As soon as you are able, get medical attention.
Good claims have been lost because an injured worker did not speak up soon enough or state clearly to the employer or doctor how the injury occurred. Although you might want to protect your employer and help him keep claim costs down, your number one loyalty is to you and getting the benefits you deserve. Do not fall into the trap of putting your employers' interests ahead of your need for valuable benefits.
Making a Claim
As soon as you know you have been hurt, ask your employer for a Form 801 to complete and complete and return the form promptly. If your employer will not cooperate, write down exactly what happened on piece of paper that you label "Accident Report," sign and date it, make a copy of it and give the original to your employer.
If you see a doctor, his staff should have blank 807s available for you to complete.
Once you file a claim, expect the employer's insurance carrier to contact you. Cooperate with everything you are asked to do: Answer all questions truthfully and attend all medical appointments requested
When your Employer Ignores your Claim
Your employer has 60-days to accept or deny your claim. An acceptance or denial MUST BE in writing. If your employer fails to give a written notice within 60 days, contact me right away at 503 620-3171 or at slgabin@pacifier.com for a free in-person consultation. I have years of experience helping injured Oregon Workers get benefits.
Benefits
If your claim is accepted, you will receive
- Benefits for time off work,
- Reasonable and necessary medical care,
- If you are left with any permanent impairment, an award for permanent impairment, and
- Depending on your ability to resume past work and your wage at the time of injury, vocational retraining.
Critical Time Limits
Time limits for making a claim tend to be very short. So file a claim as soon as you know you have been hurt. It is not your job to protect your employer by keeping silent. See a doctor as soon as you know you have been hurt AND tell the doctor EXACTLY how your injury happened. A good claim may be lost because a worker did not go to a doctor right away or held back on telling the doctor what happened.
When your claim has been denied, you have only 60 days from the mailing date to appeal the denial. A denial must be in writing. Contact me right away to discuss appealing the denial.
When your claim has been closed, you have only 60 days from the mailing date to appeal the closure. A claim closure must also be in writing. Contact me to discuss appealing a claim closure.
When you have experienced a disabling injury that your employer has classified as non-disabling, you have one year to appeal this wrong classification. Contact me to discuss challenging a classification finding your injury non-disabling.
Fees
Attorney fees in Oregon Workers' Compensation claims are strictly contingent. That means I receive a fee ONLY if you receive benefits, an increase in an award or a settlement. That means you do not owe a fee UNLESS you receive benefits, an increase in an award or a settlement.
Fees are paid according to what occurs during the claims process.
If I am successful overturning a denied claim, the employer/workers' compensation insurer will pay my fee according to the amount set by an Administrative Law Judge.
If I am successful obtaining an increased award for permanent partial disability, my fee is 10 percent of the increase.
If I obtain a settlement, my fee is 25 percent of the first $17,500, and 10 percent of any amount above $17,500.
Costs
In nearly all cases, I will incur out-of-pocket costs. These are not attorney fees, but are fees for such things as medical record duplicating charges, attorney/doctor conferences, treating doctor medical reports, forensic investigation, and expert witness fees.
I incur these expenses only when necessary to prepare properly. I am bound to follow Oregon State Bar ethical rules that require the client to assume responsibility for these costs if the client is able to pay. Therefore, I will bill for these costs but will not expect payment unless you can afford to reimburse me.
Free Consultation
Contact me at (503) 620-3171 or at slgabin@pacifier.com to schedule a free consultation. I return all calls and emails within 24 hours.