Pemanent Disability, Awards, Settlements

Once accepted, an Oregon workers' compensation claim is eventually closed and rated for permanent disability. Typically, a worker is notified of this when s/he receives a document called "Notice of Closure." This document may award money for permanent disability. It also cuts off continuing treatment and time.

A worker may appeal the Notice of Closure, to challenge the award or to challenge other issues, such as premature claim closure.

A "Notice of Closure" has strict time limits for appeal. Therefore, if you do not understand the award or think your claim has been closed too soon, call a lawyer right away. I would review your file, recalculate the award, consider what you doctor is saying about your condition, and advise you accordingly.

An employer may wish to "settle" a claim. A settlement is not the same as an award. A settlement will buy out most of your unpaid benefits and most of your appeal rights, including any award that should be calculated and published. An award is an actual benefit to which are entitled as part of the claims process, not as part of a buy-out.

If your employer invites you to settle, call a lawyer to find out exactly what you are giving up and what you might expect to receive if you do not settle. Sometimes settling is a matter of timing. I would review your file and assess what you would receive if you do not settle and discuss what type and amount of settlement makes sense.

Call my firm at (503) 620-3171 or contact us online for a free consultation.