Tell your employer. As soon as you know you have been hurt, tell your employer about it and explain exactly what happened. Your first loyalty is to you and not your employer. I have seen winnable claims lost because the injured worker did not want to cause problems for his employer by filing a claim. When you are hurt on the job, you are entitled to get well and regain your ability to function as soon as possible. It is not your job to protect your employer by keeping silent. Your number one loyalty is to yourself. Do not fall into the trap of putting your employers’ interests ahead of your need to get well and receive all benefits you deserve.
Get medical attention. As soon as you know your injury is not getting better on its own, get medical attention immediately and no later than three days from the injury. Visit an urgent care center or an emergency room. Tell the medical staff exactly how your injury happened. I have seen winnable claims lost because the injured worker waited too long to get medical care or held back from telling the doctor the injury happened at work.Filing a Claim
Time limits for making a claim tend to be very short. So file a claim as soon as you know you have been hurt.
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 employer still will not cooperate, mail a copy of the accident report to SAIF corporation, at 400 High St., SE., Salem, OR 97312. If SAIF is the carrier, it will process the claim. If SAIF is not the carrier, it will find the proper carrier and forward the claim on.
If you see a doctor, his staff should have blank 801 forms 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.What Happens After Filing a Claim
Your employer has 60-days to accept or deny your claim. An acceptance or denial MUST BE in writing. A 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 email@example.com for a free in-person consultation.Benefits – Accepted Claims
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.
When your claim has been denied, you have only 60 days from the mailing date to appeal the denial. There are almost no exceptions for missing this deadline! A denial must be in writing. If your claim is denied, contact me right away at 503 620-3171 or at firstname.lastname@example.org for a free in-person consultation.Critical Time Limits - Closed Claims and Awards
When your claim has been closed, you have only 60 days from the mailing date to appeal the closure. There are almost no exceptions for missing this deadline! A claim closure must also be in writing. If your claim is has been, contact me right away at 503 620-3171 or at email@example.com for a free in-person consultation. A claim closure gives and award for how much permanent impairment you have sustained and often the award is too low.Critical Time Limits - Claim Reclassification
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 right away at 503 620-3171 or at firstname.lastname@example.org to discuss challenging this classification.Attorney 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