The Basics of Portland Workers' Compensation
If you suffer a work-related injury in Portland, Oregon, you may be entitled to Portland workers' compensation. Workers' comp provides employees injured in workplace accidents with certain benefits. It also covers occupational diseases.
This article will explain the basics of Portland workers' compensation. Because workers' compensation laws can be very complex, you may want to consider reaching out to a Portland workers' compensation law firm to assist you with your claim. Whether you suffered injury in Nob Hill, Irvington, Belmont or another area of the city, Attorneys.com can help connect you with a Portland workmen compensation attorney in your area. Just fill out the form online, or call 1-877-913-7222. After answering a few brief questions, you will receive contact information for at least one Portland workers' comp lawyer. The attorney will contact you within two business days, or you can reach out to him at your own convenience.
Who Is Covered by Portland Workers' Compensation Laws?
Injured workers receive Portland workers' compensation benefits through their employers' workers' comp insurance carrier. Workers' comp insurance is the coverage that nearly all employers within Portland must have to protect themselves from liability and to provide benefits to employees in the event of workplace injuries.
According to Portland workers' comp laws, if a person pays to have someone work for him and that person has the right to control how the work is done, that person is legally the worker's employer and must have workers' comp protection. Even if the employer compensates the worker using something other than money, the employer still needs to cover the employee under his workers' compensation policy.
However, there are some exceptions to Portland workers' compensation insurance. If you fall under any of these exceptions, you may not have coverage:
- Sole proprietors
- Private residence workers
- Casual labor, which means the employer's payroll is less than $500 within a 30-day period
- Most limited liability company members
- Some out-of-state workers working within Portland
If you are unsure whether you should be covered by workers' compensation insurance, consult an attorney.
Portland Workers' Compensation Benefits
If you are injured during the course of conducting work or develop an occupational disease due to your job, you may be entitled to workers' comp benefits. In Portland, these benefits include:
- Medical treatment
- Death benefits
- Vocational training
- Temporary partial disability benefits (this is provided when an injury or illness allows you to return to work on a modified or part-time basis that pays less than your job prior to your injury)
- Temporary total disability benefits (this is provided when you are completely unable to work for a limited period)
- Permanent partial disability benefits (this is provided for the loss of the use or function of a body part)
- Permanent total disability benefits (this is provided when you lose the use or function of a part of your body permanently and it prevents you from performing work at a gainful and suitable occupation)
To collect benefits, you must wait three days after filing your workers' comp claim. You will not receive retroactive compensation for these three days unless you are out of work for 14 consecutive days or are hospitalized overnight as an inpatient within the first 14 days.
Filing a Portland Workers' Compensation Claim
According to the Oregon Workers' Compensation Division, the government agency in charge of overseeing the state's workers' comp process, employees should request a Report of Job Injury or Illness Form from their employer to begin the workers' comp claim process. This form should be filled out and given to the employer as soon as possible.
The employer will then fill out its portion of the form and send it to its workers' comp insurance company. You should ask your employer for the name and number of the workers' comp insurer, so you can check up on your claim status.
When you seek medical treatment for your workplace injury or illness, tell your healthcare provider your ailment is work-related. The provider will ask you to fill out a Workers' and Health Care Provider's Report for Workers' Compensation Claims form. The provider will send a copy of the form to the insurer.
Remember to file your claim as soon as possible. You only have 30 days from the date of injury to file the claim with your employer. The insurance company then has 60 days to accept or deny the claim.