Filing a Claim An Oregon workers’ compensation claim must be filed within 90 days, if an injury occurs. If you have a occupational disease workers’ compensation claim, you must file within one year of your awareness of the work-relatedness of the condition or within one year of when a doctor tells you of such work relatedness. To file a workers’ compensation claim, ask your employer for an 801 form. If your employer will not provide you with an 801 form, or if you have questions about filling out and submitting a workers’ compensation 801 form, please contact Welch, Bruun & Green by calling us at 503-221-0870.
Denial The workers’ compensation insurance company (or claims processing administrator, where an employer is self insured) has 60 days to accept or deny your workers’ compensation claim. If you do not have a letter within 60 days accepting or denying your workers’ compensation claim, contact our lawyers and attorneys. If you receive a denial from the insurance or claims processing administrator, you have 60 days to appeal the denial. If you wait longer than 60 days, it may be very difficult to have the denial reversed. If you have a denial letter, please contact Welch, Bruun & Green by calling us at 503-221-0870.
Acceptance of a Claim Sometimes in a workers’ compensation claim, the insurance company will not accept all of the conditions it should. Do not allow the insurance company to play down your workers’ compensation claim. If you believe that the insurance company has not accepted all of the injuries or conditions in your workers’ compensation claim, please contact Welch, Bruun & Green. Call us at 503-221-0870.
Notice of Closure In an Oregon workers’ compensation claim, at some point, you will be deemed “medically stationary” and you will receive a “Notice of Closure”. The Notice of Closure has two main parts: “impairment” and, where applicable, “work disability”. Impairment and/or work disability form your “permanent partial disability award”. In some cases, you may be entitled to a significant permanent partial disability award for your injury. If you have received a Notice of Closure and disagree with it, whether that disagreement is with the impairment rating, work disability, or whether you are medically stationary as a threshold matter, you have 60 days to request reconsideration of the Notice of Closure. It may or may not be in your interests to appeal your Notice of Closure. If you have questions about your Notice of Closure, please contact Welch, Bruun & Green. Call us at 503-221-0870.
Benefits in an Oregon Workers’ Compensation claim There are only four benefits you can recover in an Oregon workers’ compensation claim. There are no benefits for “pain and suffering”, as are available, for example, if you are injured in a car accident because of another’s fault. (Please note that where there is a third-party claim, that is, your injuries were caused by the negligence of someone or some entity other than your employer, noneconomic damages are a recoverable item of damages. Please note further that survivor’s benefits are available in a death claim). The four benefits are: Time Loss Medical Services Permanent Partial Disability Vocational Retraining
Time Loss If you miss more than 3 days from work, the insurance company must pay you 2/3 of your weekly salary for the time you miss. The time must be authorized by the “attending physician” on your workers’ compensation claim. To calculate your time loss figure, the insurance company generally examines your average weekly salary over the past 52 weeks. If you believe that your time loss rate has been inaccurately calculated, we may be able to help. Please contact Welch, Bruun & Green by calling us at 503-221-0870.
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