Following a work accident or illness, filing for workers’ compensation benefits can be injured workers’ best option for obtaining financial support while they focus on getting better. For many people, however, knowing what to do to get a claim started – and what they may need to do going forward to avoid sabotaging their claim – can be far from straightforward.
To help point injured workers in the right direction, below, we have answered some common questions about Oregon workers compensation claims.
Important Info about Oregon Workers Compensation Claims for Injured Workers
Q: What should I do after getting hurt at work?
A: Immediately see a doctor to prevent further health complications, get a proper diagnosis and start any treatments you need ASAP. In terms of reporting your work injury, you will have the option of reporting your injury to:
- Your employer – In these cases, it’s advised that injured workers report the injury/accident as soon as they can to an employer. Following these reports, employers should complete a “Worker’s & Employer’s Report of Occupational Injury or Disease/Illness” (Form 801) to get the claim started. Employers are required to submit these forms to the Oregon Workers Compensation Division (WCD) within 5 days of being informed of the work injury.
- Your physician – If your injuries require emergency care before you have the chance to make a report with an employer, then be sure to inform the doctor that you sustained a work accident. In these situations, the attending physician should complete a “Worker’s & Physician’s Report for Worker’s Compensation Claims” (Form 827) to get the claim started.
Q: Can I choose the doctor I see for treatment of my work injuries?
A: If you want your medical bills to be covered by an employer’s workers’ compensation insurance provider, then you are required to see a doctor chosen by the insurer IF that insurer has you in a managed care plan. If not – or if you are not concerned about whether your treatments are covered later, then you can, of course, choose the physician you see for your treatments.
Here, it’s also important to note that injured workers can change the doctors they see up to two times without having to get approval from an insurer and that referrals to specialists do not constitute a change of physician.
Q: How soon will I find out if my workers compensation claim has been accepted?
A: You should be informed about whether your workers compensation claim has been approved or denied within 60 days of when the claim is filed with an insurer.
Q: What are my options if I don’t agree with the decision rendered for my claim?
A: You can file an appeal to try to fight a claim denial or to try to obtain the full amount of benefits you deserve (if you have only been awarded a portion of the benefits to which you are entitled).
In general, here’s what is important to know about appeals for denied Oregon workers’ compensation claims:
- There are very strict time limits for filing appeals to claims, and missing these filing windows will prevent workers from being to pursue an appeal.
- The denial letter from an insurance provider should detail the time frame within which an appeal has to be filed.
- Pursuing appeals can be far more complicated (and contentious) than initial claims, so it’s best to work with an experienced lawyer to position these appeals for success.
Contact a Portland Workers Compensation Lawyer at the Savage Law Firm
If you have been hurt at work or have been diagnosed with an occupational illness, you can rely on the Portland workers compensation lawyer at the Savage Law Firm for experienced help pursuing benefits.
To learn more about our legal services and what we can do for you, call us at 503-222-0200 (in Portland) or at 206-957-7272 (in Seattle). You can also email us using the form on this page. We represent clients in communities in both Oregon and Washington from our offices in Portland and Seattle.
