Workers' Comp

Sara Gabin advises and represents injured workers on denied claims, permanent disability determinations, medical service disputes, vocational retraining rights, and third-party claims.

Filing a Claim.  Injured workers in Oregon experience some of the toughest hurdles. When you know you have been hurt on the job, tell your employer promptly. Get medical attention promptly. Do not allow anyone to pressure you into failing to promptly report your injury EXACTLY as it happened! Good cases are often lost because a worker did not speak up immediately.

Denied Claims.  If your claim is denied, the notice should contain a strict time limit to appeal. If you miss this deadline, you probably will be barred from appealing. Contact us promptly to avoid being stopped from appealing a good case.

Permanent Disability Determinations.  When your claim is closed, you will receive a notice awarding permanent partial disability benefits. This notice should also contain a strict time limit to appeal. Again, you must act within this time limit to avoid losing the opportunity to increase an insufficient award.

Medical Service and Vocational Retraining Disputes.  Occasionally, an injured worker will be denied medical or vocational services. Again, notices denying these benefits contain strict time limits.

Third-Party Claims.  Occasionally, an injured worker is hurt at a job site controlled by someone other than his/her employer. When this occurs, the worker may have what is called a third-party claim which is very similar to a personal injury claim. A third-party claim provides, potentially, an additional source of recovery to an injured worker. These claims also contain strict time limits that an injured worker is often completely unaware of.

If you think you have a third-party claim, contact us right away. Ms. Gabin will spot critical time limits involving potential non-employer third parties and will help you assess whether you should pursue your third-party claim.

Settlements.   Oregon Workers' compensation claims sometimes settle. Settlements come in one of two fashions. The first type is called a "Disputed Claim Settlement" (DCS). When the worker and employer enter into a DCS, they are agreeing that the facts can go either way and to avoid the risk of losing a hearing, agree on a compromise that gives the injured worker a lump sum. The claim is never accepted and the worker is on his/her own afterwards for all matters concerning the injury.

The second type of settlement is called a "Claims Disposition Agreement" (CDA). Here, the worker and the employer have compromised a claim that has already been determined compensable. The worker receives a lump sum in exchange for giving up the right to all future benefits, other than medical benefits. Medical benefits may never be compromised.

If you receive any form of a settlement offer, call us right away, since you may be signing away valuable rights.

ATTORNEY FEES

Attorney fees in Oregon Workers' Compensation cases are set by state statute. The manner of how a fee is paid depends on how your claim is resolved.

Denied Claims. If you have a denied claim and if you go to a hearing and win, the employer will be assessed an attorney fee, separate from your benefits.

Awards. If you receive an increase in your award for permanent partial disability, you pay a fee of 10 to 25% of any increase in the award.

Settlements. If you settle your case for a lump sum, you pay a fee of 25% of the first $17,500 and 10% of any additional amount.

Attorney fees are strictly contingent. This means if you do not receive a recovery or increase in benefits, you do not owe Ms. Gabin a fee.

COSTS

In nearly all cases, Ms. Gabin 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, expert witness fees, filing fees, court reporting fees, arbitration and trial court fees, and so on.

Ms. Gabin incurs these expenses only when necessary to prepare properly. Ms. Gabin is 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, she will bill for these costs but will not expect payment unless you can afford to reimburse her.

HOW TO CONTACT US

Please call (503) 620–3171 or contact us online TODAY to setup an appointment. I return all calls and emails within 24 hours.