Oregon Workers Compensation Lawyer

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If you have been injured in an on-the-job accident, you have the right to file for benefits from your employer's workers' compensation insurance. Employers are required to carry this insurance under Oregon state laws. It ensures that they can not be sued after an employee is injured or contracts an illness while performing work-related duties or while in the workplace. It also guarantees that the injured employee receives some benefit under a no-fault system, which means that an accident does not have to be the fault of the employer for an injured employee to collect benefits.

Workers' compensation is a type of insurance that accommodates employees who need compensation for medical care due to an injury during the course of work in exchange for the employee's right to sue their employer for negligence. Plans vary according to jurisdictions, though they can be made for weekly payments instead of wages as a type of disability insurance, compensation for past and future economic losses, the payment or reimbursement of the medical expenses as a type of health insurance, and benefits payable to the dependents of workers who were killed as a type of life insurance. Not included in workers' compensation plans are punitive damages for employer negligence and general damages for pain and suffering.

After an on-the-job injury or accident, you can expect to deal with an insurance company, which may cause you some heartache. The insurance company claims adjuster will likely call you soon after you report the incident, to request that you make a taped statement regarding your injury. Yet in the case of overuse or serious injury, it is not unusual to receive a denial letter from the insurer. You have the right to appeal that decision with the Oregon Industrial Commission, to force the insurer to provide you with medical care and lost wages.

In Oregon, workers' compensation is compulsory and waivers are not permitted. There are also no numerical exceptions, and the employee has their initial choice of their physician. The waiting period for compensation benefits after injury is three days. Compensation is retroactive if the disability continues for four days from the date of the injury, and an in-patient in the hospital receives compensation from the date of incapacity. The lawyer attorney fees that are permitted in Oregon are 25 percent of the increased compensation that cannot exceed $4,600, $12,500, or $1,500 depending on the case.

Hiring an experienced workers' compensation attorney to represent you will ensure you get a fair shake in the system. There are deadlines, record requests, depositions and hearings to deal with. Additionally, you will receive more equitable treatment by the insurance company if they know you have an attorney.

Dealing with your employer can be difficult. Some employers will be understanding, and want you back to work as soon as possible, so they will provide you assistance in getting your claim moving. Other employers may be resentful of the workers' compensation system, increasing premiums and worried that employees will take advantage of the benefits. You cannot be fired or harassed for filing a claim. If at all possible, you should attempt to work with your employer so you can both get what you need.

If you have been injured while performing your job, or while at the workplace, contact a qualified Oregon workers' compensation lawyer attorney today.

It's important to choose a worker's compensation lawyer that you are comfortable with, as they can help to alleviate some of the stress that goes along with an injury and finances. While you focus on your recovery, they can take care of getting your financial affairs in order.


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