Wills & Estates - Latest Updates

Two months after the first coronavirus case was identified in the U.S., a frontline worker by the name of Megan Harring, 33, of Oregon says she fell ill and began experiencing symptoms closely related to COVID-19. Harring, who works as a registered labor and delivery nurse at Providence’s Hood River Hospital, says she developed a fever, nausea, a headache, and shortness of breath. At that time, testing was limited, and personal protective equipment (PPE) was in short supply, according to Williamette Week. Therefore, testing was not available in Harring’s area.

Although Harring’s physician recommended that she drive to Seattle where drive-thru coronavirus testing was being offered, she says that was “impractical” as she was a mother of two young children. Unfortunately, the mother of two became so sick that she missed an entire month of work. In mid-April, Harring was finally tested for COVID-19 and the results came back positive. Harring then decided to file a workers’ compensation claim. To her surprise, her claim was denied.

In the denial letter Harring received, it stated that she had “failed to produce sufficient evidence that she had gotten sick at work.” Harring says that she was asked if she had proof of contact, or evidence that connected her illness to the workplace. Harring told the source that this was something she wouldn’t have been able to obtain seeing that the hospital was treating sick individuals but was not testing everyone who was admitted.

The source says Harring eventually felt better and was able to return to work, however, four months after getting sick, Harring says she still feels short of breath when working out. The labor and delivery nurse also shared that she’s appealing the denial of her workers’ comp claim.

Harring isn’t the only Oregon worker to be denied workers’ comp benefits.

After the source began looking into workers’ comp claim denials, it discovered that Providence had a high rate of rejecting claims. According to state data , Providence denied 41 of 44 COVID-19-related claims it received before July 10, 2020. One of the reasons why many insurers are denying workers’ comp claims related to the COVID-19 virus is because many require proof that a claimant actually contracted the virus while at work. Because frontline workers come in contact with positive COVID-19 patients regularly and even those who are asymptomatic, it can be difficult to identify where and when the worker came into contact with the source responsible for spreading the virus.

Because many workers are finding it difficult to prove that they contracted the COVID-19 virus from work, these individuals are unable to obtain the workers’ comp benefits they normally would be eligible to receive.

What should I do if my workers’ comp claim was denied?

If your employer’s insurer denied your workers’ comp claim , whether you filed it after you contracted the COVID-19 virus or another illness or injury, you may have a viable case a Portland, OR workers’ compensation lawyer can help you with. In order to determine if your claim was wrongfully denied, you would need to have an attorney assess all the facts in the case. To schedule a time to discuss your denied workers’ comp claim with a skilled Portland, OR workers’ compensation attorney, contact Welch, Bruun & Green.

If, after speaking with a lawyer, you learn that your claim should have been approved, you do hold the right to file an appeal. Essentially, when you file an appeal, you are asking to have your claim reviewed for a second time to decide whether benefits are warranted. If you wish to file an appeal regarding the decision that made on your workers’ comp claim, you should consider retaining legal aid to assist you.

What if I am unsure as to whether I am entitled to receive workers’ comp benefits?

If you got sick while on the job and aren’t sure if you are entitled to receive workers’ compensation benefits, contact Welch, Bruun & Green as our Portland, OR workers’ comp lawyers will be able to determine this for you. In the event you are entitled to benefits, our attorneys can then begin working on getting your claim submitted so that benefits can be provided. These typically include coverage for medical care and a portion of the wages you would have earned had you still been able to work.

Whether you are frontline worker, a construction worker, or are employed in an entirely different industry, if you were injured on the job or got sick at work, the lawyers at Welch, Bruun & Green want to help you obtain the workers’ comp benefits that can make the recovery process easier on you and your family. Contact our Portland, OR workers’ compensation law firm today to learn more about how our team of dedicated and experienced attorneys can help you.

Welch, Bruun & Green is located at:

4380 SW Macadam Avenue, #120

Portland, OR 97239

Phone: 503-221-0870

Website: www.wbgatty.com

Working outdoors or under high temperatures can be challenging, especially when the heat index has reached high levels. If you are someone who is required to work outside or under high temperatures, your employer must be taking precautionary measures to prevent you and any other workers from suffering a heat-related illness. KTVZ says that between 2015 to 2019, an estimated 41 individuals received benefits through Oregon’s workers’ compensation system for heat-related illnesses, however, this number does not include individuals who didn’t qualify for benefits or file a workers’ compensation claim.

Because it can be dangerous and even life-threatening for a worker to perform their duties under high temperatures, Penny Wolf-McCormick, who is the health enforcement manager for Oregon OSHA says that “it is especially important for employers to take the threat of heat illness seriously, which means acting sooner – not later – to put the appropriate measures in place.” Wolf-McCormick recommends that employers do the following:

·        Adjust work practices, including performing work during the coolest part of the day.

·        Making sure workers get regular breaks, shade, and water while still implementing social distancing practices.

·        Using cooling masks or face shields. Workers, no matter what industry they might be in, must continue to wear a face mask to prevent from contracting and spreading the COVID-19 virus. However, because it can be rather difficult for employees who are required to work outdoors to wear a mask, employers are encouraged to provide a facing covering that that offers both protection and a way to stay cool.

Oregon OSHA also suggests that employers create and implement a Heat Illness Prevention Plan. This plan can be used to help “protect employees from the hazards of hot working environments.” While OSHA does offer a sample template for employers to use, it is worth noting that the plan can be modified to an employer’s liking. In the plan, OSHA lists some very important tips and information that can be used to protect workers from suffering a heat-related illness.

Protecting Outdoor Workers from Heat-Related Illnesses

In OSHA’s Heat Illness Prevention Plan, the agency lists environmental and personal risk factors for heat illness. Some environmental risk factors that put a worker at risk of suffering a heat-related illness include:

·        Air temperatures are above 90 degrees Fahrenheit

·        Relative humidity is above 40%

·        Radiant heat from the sun and other sources

·        Conductive heat sources such as dark-colored work surfaces

·        Lack of air movement

·        Physical effort is required to perform the work

·        Use of non-breathable protective clothing and other personal protective equipment

Personal Risk Factors for Heat Illness

·         A lack of acclimation to warmer temperatures

·        Poor general health

·        Dehydration

·        Alcohol and/or caffeine consumption

·        Previous heat-related illness

·        Use of prescription medications that tend to affect “the body’s water retention or other physiological responses to heat such as beta-blockers, diuretics, antihistamines, tranquilizers, and antipsychotics.”

Important: When one or more of these risk factors are present, employees are more likely to suffer a heat-related illness.

Common Types of Heat-Related Illnesses and Their Symptoms

Knowing how to prevent a worker from suffering a heat-related illness is extremely important and so is knowing the signs of these illnesses. Below we have outlined for you some of the more common types of heat-related illnesses along with the symptoms that are most often associated with them.

1.     Heat Rash- Heat rashes are often “caused by sweating and [they look] like a red cluster of pimples or small blisters.” They can appear on parts of the body that “overlap or rub other parts of the body.” Some common areas where heat rashes tend to develop include under the arms or breasts and in knee or elbow creases. Once an employee develops a heat rash, their employer should allow for them to work in cooler areas.

2.     Heat exhaustion- OSHA says that heat exhaustion can be prevented when a worker is “aware of [their] physical limits in hazardous environments on hot, humid days” and they “drink enough clear fluids to replace those lost to perspiration.” Some signs of heat exhaustion include:

·        Profuse sweating

·        Weakness and fatigue

·        Nausea and vomiting

·        Muscle cramps headache

·        Light-headedness or fainting

3.     Heatstroke- When a person has been exposed to high temperatures for too long causing their body to overheat, they can suffer a heat stroke which is a condition that should not be taken lightly. In fact, if an employee begins to display any sign of a heat stroke, they must seek medical attention right away to prevent their condition from worsening. Some signs of a heat stroke include:

·        Absence of sweating

·        Dry skin

·        Agitation or strange behavior

·        Dizziness, disorientation, or lethargy

·        Seizures or signs that resemble those associated with a heart attack

Can I collect workers’ compensation benefits if I suffered a heat-related illness while working in Portland, Oregon?

If you suffered a heat-related illness while on the job , you should be entitled to recover benefits under your employer’s workers’ compensation insurance policy. If you are having trouble acquiring these benefits or have been informed that your position does not entitle you to workers’ comp, contact the Portland, OR workers’ compensation attorneys at Welch, Bruun & Green. Our team of skilled workers’ compensation lawyers will be happy to assess your situation, determine if benefits are warranted, and help you take the necessary steps so that you receive the benefits you are due.

Welch, Bruun & Green is located at:

4380 SW Macadam Avenue, #120

Portland, OR 97239

Phone: 503-221-0870

Website: www.wbgatty.com

On June 18th, Oregon OSHA reported that the agency issued a fine to a Portland contractor for $17,280 after it was determined that the contractor violated several safety regulations, including exposing workers to potential fall hazards that could kill them. The division discovered Oregon Chimney Repair and Cleaning Inc. was in violation of various safety regulations after it conducted an inspection of a masonry job the company was assigned to complete on a multi-story house located in Portland.

Here are some of the violations OSHA recorded which led to the company facing the hefty fine:

·        The employer failed to ensure that employees who were assigned to work from a scaffold were protected by personal fall arrest systems or proper guardrail systems.

·        The “platforms on all working levels of the scaffold were not fully planked or decked.” As a result of this, at least one worker was exposed to a fall of about 19 feet, according to OSHA.

·        Workers were “allowed to climb up and down the framework of the fabricated scaffold—as opposed to using a ladder or lift—exposing four of them to a fall of up to 19 feet.”

·        The employer allowed workers to be “exposed to potential electrocution as they built and worked on the scaffold, which came into contact with uninsulated electrical cables.” For this violation alone, the contractor was issued a fine of $2,400.

·        The company also “failed to ensure the aluminum extension ladder used by employees included nonconductive side-rails.” The ladder was also positioned nearby to uninsulated electrical cables which again, put workers at risk of being electrocuted. The penalty issued for this violation was $2,400.

·        The company allowed the multi-purpose ladder to be utilized on an unstable surface, which put workers at risk of potentially falling four feet. The penalty for this was $280.

·        The scaffold supports lacked a firm foundation which put workers at risk of falling from heights of up to 19 feet. OSHA issued a penalty of $2,400 for this.

·        OSHA fined the company $4,800 for “exposing workers to a fall of just over 11 feet by failing to implement fall protection where workers are exposed to falling six feet or more to a lower level.” OSHA says this was a repeat violation for the company.

It is extremely important for all employers, particularly those in the construction industry to ensure all safety regulations are being followed to prevent workers from falling as falls are the leading cause of death in the construction industry [Source: OSHA ]. Oregon OSHA Administrator Michael Wood says that the fall protection requirements OSHA has outlined for employers to follow are “designed to prevent serious injury or death, and they have proven effective at protecting workers.” Wood says, “to overlook them is unacceptable, and only serves to put lives at needless risk.”

Did you suffer an injury from a fall while at work?

If you were involved in an accident at a construction site in Oregon and suffered injuries as a result, the Portland, Oregon workers’ compensation lawyers at Welch, Bruun & Green are here to help you understand your rights as an injured worker. In most cases, a worker who suffers an injury from a fall is entitled to recover benefits under their employer’s workers’ compensation insurance. Benefits typically include:

·         Payments for medical care . As a workers’ comp recipient, your medical care should be covered by your employer’s insurer. The Oregon Workers’ Compensation Division says you can receive medical treatment from any of the following:

1.    Authorized nurse practitioner

2.    Chiropractic physician

3.    Medical doctor

4.    Naturopathic physician

5.    Oral surgeon

6.    Osteopathic physician

7.    Physician assistant

8.    Podiatric physician

9.    Other types of health care providers

·         Payment for lost wages. This would be a portion of the money you would have earned had you been able to work.

In the event your injury was caused by a third party, which would be someone other than your employer, you are allowed to take legal action against that party or you can assign your employer’s workers’ compensation insurer to take action on your behalf given you are entitled to receive workers’ comp benefits. The Oregon Workers’ Compensation Division says the following are examples of potential third parties:

·        The manufacturer of the defective product that caused you to suffer an injury.

·        The property owner who failed to properly maintain the building you were working in when you suffered the injury.

The Workers’ Compensation Division does advise that you obtain legal representation from a Portland, OR workers’ comp attorney as the third-party claims process is complex.

In the event you do not qualify for workers’ comp benefits or were wrongfully denied access to them, our Portland, OR workers’ compensation attorneys would be happy to sit down with you to determine how we can get your issue resolved.

Welch, Bruun & Green is located at:

4380 SW Macadam Avenue, #120

Portland, OR 97239

Phone: 503-221-0870

Website: www.wbgatty.com

It was back at the beginning of May when KMTR spoke with a nurse who works at McKenzie Willamette Medical Center in Oregon. The nurse, who has been placed on the frontlines to fight against the COVID-19 pandemic and has asked to remain anonymous, expressed her concern over the support she and other nurses were receiving from their employers. The medical worker told the source that “Most of the time we are unaware of what the status of a patient is” and “what sort of protection we need to take for patient safety, home safety, [and]community safety.”

The news source also reached out to McKenzie Willamette which declined to interview but agreed to provide a statement. According to the hospital, the facility has “always followed strict guidelines and CDC recommendations for safety.” The hospital also said that workers are “covered by regular sick leave and workers compensation benefits.”

Oregon Nurses Association Representative Kevin Mealy Says that’s Not Enough to Protect Frontline Workers

While hospitals have confirmed that nurses and other healthcare staff members are entitled to workers’ compensation should they contract the virus on the job, obtaining the actual benefits might be a challenge for some. According to Mealy, nurses may be required to “prove they contracted COVID-19 while working in order to receive worker’s comp as other hospitals have done.” And Mealy says “proving you caught COVID-19 while working is tough.” He says that “testing for the virus can sometimes take days, and privacy laws prohibit nurses from accessing records for past patients.”

Nurses might also run into this issue: they contract the virus from a patient who is asymptomatic and was never tested.

While nurses and other healthcare workers fighting on the frontlines definitely have their fair share of things to worry about, one thing they should not have to be concerned with is whether they are going to be able to obtain workers’ comp benefits should they get sick on the job. If you are a frontline worker in Portland, Oregon and need help filing a workers’ compensation claim or getting yours approved, the Portland, OR workers’ comp attorneys at Welch, Bruun & Green are here to help and support you.

Workers’ compensation insurance provides various benefits to workers who get sick or injured on the job. These benefits can help a person afford the medical care they need as well as provide them with a portion of their salary while they are out of work. As you know, the COVID-19 virus not only requires a person to quarantine themselves for at least 14 days, but health experts are also connecting the virus to additional health issues which means you might need to spend more than 14 days out of work.

Because it can sometimes be challenging for a worker to obtain the workers’ comp insurance they are entitled to, our Portland, OR workers’ compensation lawyers do encourage you to contact our office if you are seeking workers’ comp benefits after contracting COVID-19 from your place of employment.

Welch, Bruun & Green is located at:

4380 SW Macadam Avenue, #120

Portland, OR 97239

Phone: 503-221-0870

Website: www.wbgatty.com

In an effort to help flatten the curve of the COVID-19 pandemic, the Oregon Workers’ Compensation Division (WCD) has had to make some adjustments in how it operates so that it is still able to provide services to the public while also protecting its employees’ health. The WCD has announced that it is having employees work remotely, work on staggered work schedules, and it has even canceled in-person events. Most of the WCD’s physical locations have also been closed off to the public until further notice.

Although the WCD can still be contacted regarding benefits, claims, reporting requirements, etc., there are many workers who are currently receiving workers’ comp benefits in Portland, OR who are having difficulty meeting deadlines or submitting certain information to the WCD. If you’re unable to meet a workers’ comp deadline to ensure your claim remains open and your medical bills continue to get paid, the Portland, OR workers’ compensation attorneys at Welch, Bruun & Green want you to know we are here to help you during this trying time.

Aside from announcing closures, the WCD has also stated that it cannot waive statutory requirements. Because of this, the WCD is encouraging all recipients of workers’ comp or those seeking it to communicate with the division ahead of time if you are unable to meet timelines. The division did state, however, that it would “determine whether an extension or procedural waiver should be granted on a case-by-case basis, including whether COVID-19 is considered “good cause” or reasons beyond a worker’s control.”

Communication is Key

Because the WCD does expect you to keep up with your obligations, you should contact the division to notify your claims adjuster of when you cannot submit a document, are unable to see your medical provider, or cannot attend an independent medical exam. If you are unable to get in touch with a claims adjuster as there are probably plenty of other workers’ comp recipients seeking answers to the questions they have, our Portland, OR workers’ compensation attorneys may be of some assistance right now.

You see, despite the crisis our country is going through, you could be at risk of having a claim denied or your case closed if you fail to fulfill the requirements the division has set forth for you to follow. And losing workers’ comp benefits now is not something anyone should have to deal with.

Now, if you have any questions regarding filing a new workers’ comp claim in Portland, OR , recently received a denial notice from your employer’s insurer, or lost some or all of your workers’ comp benefits, don’t wait to contact Welch, Bruun & Green. Although everyone is limited in where they can go and who they can get in contact with, our dedicated workers’ comp lawyers will be sure to do all that we can to ensure your workers’ comp issue is resolved.

Welch, Bruun & Green is located at:

4380 SW Macadam Avenue, #120

Portland, OR 97239

Phone: 503-221-0870

Website: www.wbgatty.com

Your employer has various responsibilities he/she is required to fulfill apart from managing employees and delegating responsibilities. He/she is required to follow basic safety rules that, in turn, provide you with a safe and hazard-free environment to work in. While some industries do require workers to perform their duties in a dangerous setting, such as the construction industry, employers are then expected to ensure their workers have the proper safety gear and/or equipment they need to stay safe.

Unfortunately, not all employers are complying with the basic workplace safety rules that aim to protect their workers.

In fact, there are many employers who are not doing their part to ensure their work environment is a safe and hazard-free place for their employees to work in. It is for this reason that workplace accidents are occurring, resulting in employees suffering serious and sometimes even fatal injuries. Were you recently involved in a workplace accident in Portland, OR ? Did you suffer injuries that required you to seek medical care? If so, consider contacting Welch, Bruun & Green so that one of our Portland, OR workers’ compensation attorneys can review with you the benefits you are entitled to receive.

OSHA’s Top 10 List of Safety Violations for 2019

As workplace accidents continue to occur, the Occupational Safety and Health Administration (OSHA) gathers and analyzes data associated with each incident to determine what violations, if any, played a role in causing it to transpire. Each year, OSHA uses the information it has collected to identify the top 10 safety violations that were present in workplace settings that contributed to accidents occurring. Below we have shared with you what the top 10 violations were for 2019.

1.    Fall Protection-General Requirements

2.    Hazard Communication

3.    Scaffolding

4.    Lockout/Tagout

5.    Respiratory Protection

6.    Ladders

7.    Powered Industrial Trucks

8.    Fall Protection- Training Requirements

9.    Machine Guarding

10.Eye and Face Protection

Did you know that the majority of work accidents that transpire are preventable? As you can see from the list of violations presented above, many incidents either occurred because an employer failed to provide an employee with the proper safety gear or equipment or because they didn’t have them undergo the proper training prior to placing them in the field to work. Had the employers who contributed to these statistics taken all precautionary measures, many of the work accidents that did occur could have been avoided.

Now, if you were recently involved in an accident at work and you suffered a serious injury, the Portland, OR workers’ compensation attorneys at Welch, Bruun & Green are here to help you become more informed on the workers’ compensation claims process. While filing a workers’ comp claim can help get your medical care covered, it may also entitle you to receive a portion of the salary you were making prior to the accident. To learn more about obtaining workers’ compensation benefits, contact our firm now.

Welch, Bruun & Green is located at:

4380 SW Macadam Avenue, #120

Portland, OR 97239

Phone: 503-221-0870

Website: www.wbgatty.com

Employers can reduce the chances of a work-related accident from happening by identifying all potential hazards and implementing an accident prevention plan. Because workplace accidents occur so frequently, especially in industries like construction, Occupational Safety Health Administration ( OSHA ) has recently announced that Oregon workers are invited to participate in a statewide initiative that is being used to promote workplace safety and health. The 17th annual Safety Break for Oregon, which will be held on May 13, 2020, serves as a time to “pause and reflect on the importance of protecting people from hazards and harm while on the job.”

OSHA says that employers are invited to gather their team of employees together to examine some of the new and existing hazards they have identified in their industry as well as what their plan is to “tackle them.” While OSHA is leaving the choice of activities up to employers, the agency does recommend that they use it as a time to refresh their knowledge and training. The agency believes this event can help reduce the number of injuries workers are sustaining as well as reduce workers’ compensation costs.

Did you know that in 2018, 5,250 workers died while on the job, which averages out to about 14 workers a day [Source: OSHA ]? The fact is, work accidents are common occurrences and there has never been a better time for employers to revisit their current safety rules or implement new ones to ensure their workers are safe.

Oregon Employers are Required to Provide Employees with a Safe and Hazard-Free Environment to Work in

Despite whether employers in OR opt to participate in the state-wide event being held on May 13th, it is their duty to ensure the environment they require their employees to work in is safe and hazard-free. While OSHA highlights that the best way to prevent an accident at work is to eliminate the hazard, sometimes, workers are left with no choice but to work around it. And when an employer cannot eliminate a hazard, they are expected to “control it so it does not do any harm.”

OSHA recommends that when employers are controlling hazards that they “follow a hierarchy of controls that uses a most effective to least effective approach to protect workers.” The hierarchy of controls follows this order:

1.    Elimination- Physically remove the hazard.

2.    Substitution- Replace the hazard.

3.    Engineering Controls- Isolate people from the hazard.

4.    Administration Controls- Change the way people work.

5.    PPE- Protect workers with Personal Protective Equipment (PPE).

Some other things employers can do to reduce the chances of an accident occurring include:

1.    Conduct preventative maintenance on equipment. Many industries rely on heavy and dangerous equipment to complete jobs. While there is always the risk that something could go wrong, the chances of an accident happening significantly increases when the equipment isn’t maintained.

2.    Enforce workplace safety rules.

3.    Practice good housekeeping.

4.    Have emergency plans in place.

5.    Documentation of how hazards are controlled.

6.    Follow up and confirm hazards have been controlled.

7.    Ensure all workers are educated and properly trained to work in the field.

What if my employer allowed me to work under hazardous conditions and I suffered an injury as a result?

Depending on your occupation and position, you might be entitled to receive workers’ compensation benefits. Workers’ compensation benefits will not only cover the medical expenses related to your injuries or illness, but it will also provide you with a portion of your salary given you are unable to work. As an employee in Oregon, you have many rights , one of which includes the right to file a workers’ compensation claim given you qualify for these benefits.

Some of the other rights you have as an injured worker in Portland include:

·        The right to seek treatment from your own physician or a physician of a managed care organization (MCO). The doctor you see depends on the terms set forth in your employer’s workers’ compensation insurance policy.

·        The right to return to work once you are released by your doctor.

·        In the event your injury has left you partially or totally disabled, you have the right to recover disability pay.

·        If the insurer has made a decision that you do not agree with, you have the right to appeal the decision.

·        You hold the right to hire a Portland, OR workers’ compensation attorney if you feel your claim isn’t being handled fairly or your employer’s insurer has denied you the benefits you are entitled to.

In the event you are having difficulty obtaining the benefits you know you should be receiving after suffering an injury or illness in a work-related incident , contact Welch, Bruun & Green to speak with a skilled Portland, OR workers’ compensation lawyer. Our firm has extensive experience with handling workers comp cases and are more than happy to assess yours to determine if our legal assistance is needed.

Welch, Bruun & Green is located at:

4380 SW Macadam Avenue, #120

Portland, OR 97239

Phone: 503-221-0870

Website: www.wbgatty.com

Workers who have suffered an on-the-job injury that has resulted in them being unable to work, whether it is temporarily or permanently, heavily rely on workers’ compensation benefits. Workers’ comp benefits not only pay for the medical care an injured worker needs, but it also pays workers a portion of their salary when they are unable to work. When an injured worker loses their benefits or has their claim closed while they are still eligible to receive them, they may be entitled to appeal a closed claim in an effort to reinstate their benefits.

How does an injured worker in Portland, OR appeal a closed claim?

The Oregon Workers’ Compensation Division says that if you disagree with your claim being closed , you hold the right to appeal this decision by asking for a reconsideration. Now, you do need to submit this request within 60 days of the mailing date listed on the Notice of Closure you received otherwise you risk not having your benefits reinstated. You can submit the   Request for Reconsideration  form to the division by mail or by faxing it to 503-947-7794. You also have the option of delivering it to the division office located in Salem.

Now, there are many types of issues that can be disputed using the appeals process, some of which include:

• When a worker’s condition is deemed medically stationary. The Oregon Workers’ Compensation Division says that “when an injured worker’s doctor determines that the worker’s work-related injury or illness is not expected to improve with further treatment or the passage of time, the worker is considered medically stationary.” When this happens, the insurer notifies the worker that the claim shall be closed as well how much, if any, they will be awarded for permanent disability.

• When a worker’s claim was closed incorrectly or before it should have been. For instance, if your claim was closed while you were still undergoing medical care for your work-related injury and your doctor did not release you from treatment, this might be a viable reason for filing a request for an appeal.

• The length of time temporary disability benefits were authorized for . If you believe you should have received temporary disability benefits for a longer period of time than what you did, you do have the option to appeal the decision in an effort to continue receiving these benefits.

• Whether permanent disability was awarded and, if it was, the amount of that award. If your claim was closed as it was determined you suffered a permanent disability, but you disagree with the decision to close it, you can also file an appeal for this.

Important: The Oregon Workers’ Compensation Division also says that “an insurer or self-insured employer may request reconsideration of the closure within seven days of the Notice of Closure, but can disagree only with the impairment findings used as the basis for a permanent disability award.​​​​​​”

When filing your appeal, you might also want to include information that supports your request. The division says that “reconsideration is the last chance to add new information to the official claim closure record,” so it is very important that you provide any and all documents you have that could influence the outcome of the reconsideration process. The division says you can submit written statements that:

·        Explain what your condition was at the time your claim was closed.

·        Provide the reasons for why you disagree with your claim being closed.

·        Come from other people who support your position on the matter.

What will happen after I submit my request for reconsideration?

Once the Workers’ Compensation Division receives your request, it has 18 working days from this date to either issue an Order on Reconsideration or notify the parties involved that the order will be delayed for an additional 60 calendar days. The division will delay the order when it needs “more time to gather information or schedule a medical arbiter examination​.”

If the division requires you to be examined by a medical arbiter, it shall wait to receive the examiner’s report so that an appellate reviewer can review all the information provided before it issues an Order on Reconsideration, says the division.

Do I need to hire a Portland, OR workers’ compensation attorney if my claim was closed but I do not agree with this decision?

It can definitely benefit the situation if you hire an experienced workers’ comp lawyer as they can assist you with the appeals process. If you are entitled to continue receiving benefits yet your claim was closed, you need to be sure you have all the documentation needed to prove this. And this is something the Portland, OR workers’ compensation lawyers at Welch, Bruun & Green can help you with. If you would like to speak with a skilled attorney in your area now who can provide you with some more information regarding appealing a closed claim, you can contact our Portland, OR workers’ comp law firm at 503-221-0870.

Welch, Bruun & Green is located at:

4380 SW Macadam Avenue, #120

Portland, OR 97239

Phone: 503-221-0870

Website: www.wbgatty.com

If you’ve suffered an injury while on the job and you need to file a claim so you are able to obtain the benefits you are entitled to collect, there are a few important things the Portland, OR workers’ compensation attorneys at Welch, Bruun & Green want you to know.

1. Be sure to notify your employer that you have been involved in an accident and suffered an injury.

It is extremely important that you contact your employer immediately after the accident to let him/her know what happened. They should provide you with some information regarding the workers’ compensation process and what you can expect to happen. If they do not, not to worry as we have outlined some helpful information for you below and our workers’ compensation lawyers are always available to address any questions or concerns you might have.

2.     You will need to fill out Form 801 and turn it in to your employer.

While your employer should provide you with this form, in the event you lose it or need another copy, you can always print it by clicking here. Your employer is required to submit this completed form to their insurer within five days of being notified that you have suffered an injury while on the job.

3.     In the event you visit your doctor after suffering the injury, be sure to let him/her know it is a work-related injury.

You and your treating physician should complete Oregon Form 827 and they should turn it in to the insurer within three business days.

Important: You may want to discuss with your employer if you are required to seek treatment from a specific physician as some insurers will require workers to have their care rendered by a doctor that is participating with their employer’s insurance policy.

4.     You can expect that your condition will either be classified as either nondisabling or disabling [Source: Oregon Workers’ Compensation Division ].

5.     Given you qualify, your insurer should begin making Temporary Total Disability (TTD) or Temporary Partial Disability (TPD) payments to you.

If your health care provider has authorized TTD or TPD payments, the insurer should begin issuing payments within 14 days of your employer’s knowledge and shall continue at 14-day intervals unless the claim is denied.

6.     The insurer must accept or deny the claim.

The Oregon Workers’ Compensation Division says that “the insurer has 60 days from the day you file the 801 Form with your employer to accept or deny your claim.” If the insurer accepts your claim, then you should receive a Notice of Acceptance that will highlight the medical conditions accepted. You will also continue to receive TTD or TPD payments if they were being issued at 14-day intervals for as long as the attending physician verifies your inability to work or until your claim is closed. In the event your claim is denied, the insurer will send you a letter explaining why it was denied as well as what your appeal rights are.

Important: If your claim has been denied and you were receiving TTD or TPD payments, these will stop. As an injured worker, you do hold the right to request a hearing within 60 days after receiving your denial notice. If you live in Portland, OR and would like to learn more about appealing a denied workers’ compensation claim, Welch, Bruun & Green is here to assist you.

What should I do if my employer has denied my workers’ compensation claim or I am not receiving the workers’ comp benefits I am entitled to?

We do recommend you contact our Portland, OR workers’ compensation law firm so that one of our skilled lawyers can determine why you weren’t provided with your benefits and what course of action is best to take to address the issue. Sometimes, claims are denied accidentally but other times, employers choose not to file them. Regardless of why your claim was denied, it is important that we get to the bottom of the issue so that is can be resolved.

Here’s are a few of the things our skilled lawyers can do for you:

·        Review your denial notice and determine the reasoning for it. Whether it is something that can be easily corrected or the issue is a bit more complex, we can help you take the steps to resolve the problem.

·        If you think you aren’t receiving the benefits you are entitled to, a workers’ comp attorney can assess the benefits you are currently receiving and determine if there is something more you should be getting.

·        We can assist you with the appeals process. While you do have the right to file an appeal on your own, it is always recommended that you do so after consulting with one of our attorneys.

Welch, Bruun & Green recommends that anyone who has been injured in a work accident in Portland, OR contact our office to discuss what your legal rights are along with the benefits you should be receiving.

Welch, Bruun & Green is located at:

4380 SW Macadam Avenue, #120

Portland, OR 97239

Phone: 503-221-0870

Website: www.wbgatty.com