Eugene, Oregon Workers Compensation Attorney
Thousands of American workers get injured on the job every year. Injuries at the workplace can cause a sense of anxiety, unpredictability, and uncertainty for the victim and their family.
Who will pay for my health care? How will I take care of my household expenses when I am not able to work? These are natural concerns after a workplace accident.
But thankfully, workers in Eugene, Oregon are protected by the workersā compensation laws to receive financial compensation for their injuries and losses.
Oregonās workersā compensation law makes you eligible to receive benefits under the Workersā Compensation Act, such as wage replacement or temporary disability benefits, health care, permanent partial disability benefits (if applicable), and retraining benefits.
Call the competent Workersā Compensation attorneys at Dwyer Williams Cherkoss in Eugene, OR, if you have been injured at the workplace, which has resulted in lost work time, lost income, pain, suffering or disability, and the need for medical care.
Workers who have sustained an injury at the workplace in Eugene, OR, should ideally seek legal advice from a good workers' comp lawyer who has the knowledge and acumen to deal with Eugene's workers' compensation laws.
It is important to work with an attorney who can spend time answering your questions and who is committed to helping you achieve the maximum possible workersā compensation benefits.
Inform your employer as soon as you can if you have been injured on the job in Eugene, or are suffering from an illness that could have occurred due to your work.
Eugeneās Workersā Compensation Law allows workers who have sustained injuries at work to file a claim, get medical attention, and receive benefits for lost time.
Reach out to Dwyer Williams Cherkoss in Eugene, OR for the best possible legal counsel on your workersā comp claim.
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Rights of Workers in Eugene
In Eugene, almost all types of workers are entitled to file a workers' comp claim if they are injured at the workplace.
- The employer cannot dissuade the worker from filing a claim.
- The employer cannot coerce the worker to report that their injury did not occur on the job.
- The employer cannot pressure the worker to operate as an independent contractor, company officer, or partner to avoid a workersā comp claim.
- It is mandatory for the employer to send the employees claim (Form 801) to the insurance company within five days of receiving notification of their injury.
- The worker is entitled to seek medical care through their own doctor or a physician of a managed care organization (MCO), which depends on the workerās compensation policy of the employer.
- The employee has the right to resume work if their doctor approves doing so.
- The worker has the right to time-loss (disability) benefits if they are partially or completely disabled because of their injury.
- If the employee is in disagreement with the insurance providerās decision on their claim, they can appeal the decision.
- The employee is entitled to be represented by a lawyer at no cost for lawyerās fees.
- Seek immediate medical treatment after a workplace injury in Eugene
- Depending on the extent of the injury an employee sustains, they can go to their regular physician, an emergency room at a hospital, or an urgent-care clinic.
- The worker should inform the medical care professional that they were injured at the workplace.
- Importantly, if the insurance claim is denied, the worker and their medical provider could be liable for the bills.
Workersā Compensation Claim Acceptance or Denial in Eugene
If the workerās claim is accepted in Eugene:
The insurance provider will pay for:
- Medical care related to your workplace injury
- Prescription medications
- Transport, meals, and accommodation required to attend medical consultations
Save the receipts for all your medical and related expenses that you paid for out-of-pocket. As soon as possible after incurring the expenditure, send a request in writing for reimbursement of such expenses with proof to the insurance provider. (You could be time-barred if you take this action after two years of the incident).
The worker in Eugene, OR has the right to privacy at medical examinations. The employer or the insurance company cannot send a rep to the employeeās medical exams without their express consent.
If the workerās claim is enrolled in an MCO:
If the employer is covered by an insurance provider associated with an MCO, the worker in Eugene may need to select an MCO treatment provider. At any time after the injury, the insurance provider may enroll the patient in an MCO.
Until the insurer enrolls the worker in the MCO, they may receive treatment from any doctor who is deemed an attending physician. The doctor may continue to treat the patient if the MCO provides them temporary credentialing and they agree to the terms, conditions, and rules of the MCO.
If the workerās claim is denied
In case the workerās claim is denied, their medical care provider has a right to send them a copy of the bills.
If the worker appeals the denial, the provider may not make any more attempts to collect payment from them until all their appeals are addressed or they settle the claim.
If the employee does not appeal the claim denial, the medical care provider can bill them.
If the worker in Eugene has insurance, the medical care professional must bill the insurance provider.
Independent Medical Examinations (IME) in Eugene
Independent medical examinations (IMEs) refer to obligatory health exams with a doctor of the insurerās choice. In case the employee does not attend these exams, their workerās comp benefits may be discontinued.
The insurance provider in Eugene, OR can only ask the employee to attend three IMEs in every open period of a claim.
The employee has the right to consent to undergo an invasive procedure. If the worker declines to undergo an invasive procedure, their benefits cannot be stopped or decreased. The insurance provider will bear the expense pertaining to an IME.
Medical Examinations Requested by the Worker
If the workerās claim is denied in Eugene, Oregon on the basis of an IME, and their attending physician is in disagreement with the IME results, they may be able to request a medical exam by a medical professional selected by the Workersā Compensation Division.
The employee must provide a written appeal for their denied claim to the insurance provider within 60 days of the denial. Furthermore, they should request the division and insurance provider in writing for an examination.
Getting Paid for Time-Off in Eugene, OR
While a worker is on leave in Eugene because of injuries sustained at the workplace:
The worker will get time-loss payments from the insurance provider, if their physician approves time off work or recommends work modifications (light-duty) that lead to wage loss.
The initial three days that an employee misses work may not be covered by the insurance provider unless the worker is hospitalized or cannot resume work for a minimum of 14 days.
- If the doctor releases the employee from any type of work in the initial 14 days following the injury, they will not receive pay for the initial three days missed.
- If the worker remains in the hospital overnight, or cannot be released to undertake any type of work (at the recommendation of the doctor) during the initial 14 days after the injury, the initial three days of missed work will be paid for.
The worker will not receive payment for any time off work that is not approved by their doctor, or after they have been released to routine work without any limitations by their doctor.
Appealing a Closed Claim in Eugene, Oregon
If the worker is in disagreement with their claim closure, they have the right to ask the Workersā Compensation Division to reconsider. They must send a reconsideration request within a period of 60 days of the mailing date of the Notice of Closure.
They can request reconsideration by sending a Request for Reconsideration to the Workerās Compensation Division. The worker can send the completed form by mail or fax. In addition, it can also be delivered to the office of the division.
If a worker requires help in form completion, they may call the Workerās Comp Division or visit their office where an appellate reviewer can help them.
What Matters can a Worker Dispute in Eugene?
A worker in Eugene, OR can dispute the following issues, among others:
- The timing when the workerās condition became medically stable
- If the claim was closed improperly or before time
- The duration for which the temporary disability benefits were approved
- If the worker was awarded permanent disability, the awardās amount could be disputed
An insurance provider or a self-insured employer may seek reconsideration of the closure within a period of seven days of the Notice of Closure. However, they can only disagree with the impairment findings which were used as the basis for awarding the permanent disability.
Workersā Compensation Settlements in Eugene, OR
On an accepted claim, the employee may enter into a claim disposition agreement (CDA).
- A CDA refers to a legal agreement where the employee gives up their right to the following in exchange for a mutually agreed sum of money:
- Current and future time-loss benefits
- Current and future awards for permanent partial disability
- Awards for permanent total disability
- Vocational benefits
- Aggravation rights to reopening the workerās claim
- The worker cannot release their right to:
- Medical benefits for conditions that have been accepted
- Preferred Worker Program eligibility
- The Workersā Comp Board reviews all CDAs and offers a final decision on the agreement.
Disputed Claim Settlement
Upon an employeeās disagreement with the insurance provider on whether they have a sound workerās comp claim, or a new condition claim, the worker and the insurer may be amenable to settling the claim in cash. In the case of a cash settlement, the following happens:
- The employee's workerās comp claim or new condition claim will not be approved
- The worker will release all rights to any workersā comp benefits in the future related to the claim
The worker should reach out to their insurer to make sure that any pending medical bills are taken care of within the settlement terms. Any medical expenses occurring in the future will be the sole responsibility of the worker.
Returning to Work in Eugene after a Workplace Injury
Most employers in Eugene, Oregon with over 20 employees are responsible for returning an injured employee to their job or to another appropriate job following their release to work. According to research, returning to work as soon as possible (after recovery) at the same workplace is beneficial to the injured worker.
Return-to-Work Programs
Eugene, as well as other areas in Oregon, offer three programs that can assist employers in bringing employees back to work in a speedy and safe manner.
- Employer-at-Injury Program (EAIP): EAIP enables a worker to stay on the job or resume work with the employer following an injury. It offers the employer monetary incentives.
- Preferred Worker Program (PWP): Workers who are unable to resume their previous job and have experienced permanent disability may be eligible for PWP. This program offers incentives to the worker as well as the employer.
- Vocational assistance: This includes job placement assistance and training. An employee may be eligible for assistance if the below mentioned holds true:
- They have sustained permanent limitations due to the injury or aggravation
- They cannot resume their previous job or another one that pays a minimum of 80 percent of their wages that they were earning prior to the injury or aggravation.
- They are eligible to work in the US
Eugene Workersā Compensation Death Benefits
If a worker in Eugene dies because on an injury at the workplace or occupational illness or condition, and the insurance provider accepts the claim, the law in Oregon requires the insurance company to pay monthly to the employeeās spouse, kids, and other beneficiaries.
The insurance provider in Eugene will also pay for the disposition as well as funeral expenses (this is subject to a maximum amount).
The workerās spouse or other beneficiaries may be eligible to receive continuing benefits if they die while on permanent total disability benefits. Funeral and final disposition costs would also be a part of the compensation.
Coverage When Working Outside Oregon
Injured workers in Eugene, Oregon are eligible to receive benefits from the Oregon workersā comp insurance plans. When an employee is on a temporary work assignment in another state and sustains a work-related injury, Oregon insurance may or may not offer coverage.
In case a reciprocal agreement exists between Oregon and the other state, the employee will receive the same benefits as they would have if they were injured in Oregon. Certain reciprocal agreements have limitations on specific industries and circumstances.
In the absence of any such agreement, the worker will not be eligible for coverage. The employer must purchase a state-specific insurance plan.
Contact an Experienced Workers Comp Attorney in Eugene, OR
Accidents on the job can happen to anyone at any time. Once you have received urgent medical attention following your workplace injuries in Eugene, OR, you should get in touch with Dwyer Williams Cherkoss to receive the best possible legal advice and support for your workersā compensation claim.
Schedule a free consultation with our dedicated Eugene Workersā Compensation attorneys today at 1-800-285-8678 today. We are here to help.