Oregon Workers Comp Claims: Eligibility, Filing and Appeals

The Workers' Compensation Division in Oregon administers and regulates the laws of the Oregon workers' compensation program. This program maintains return to work programs to help injured individuals to be back to work or fine new employment, as well as providing appropriate medical treatment and time loss benefits to employees injured while working.

Common Covered Work Related Injuries

Under Oregon law, any injury, incident, disease, or syndrome that occurs at work, which requires any type of medical service, can be a worker's compensation claim. This may include falls, slips, strains, sprains, illnesses from exposure, and any other injury that results in the seeking of medical care.

How to File a Oregon Workers Compensation Claim

To file a claim, it must occur in writing. The employee must inform the employer of the claim. Form 801 is available through the employer or through the agency and needs to be complete to submit a claim. It must be completed and submitted within five days of the employer knowing of the injury. You have 30 days to file a complaint from seeking medical attention.

Workers Compensation Claim Denials

Denials often occur by lack of information or adequate medical need, as defined by the state's law. If a claim may be fraudulent, the medical costs will be the responsibility of the employee. If the classification of the claim is incorrect, this too could lead to denial of the claim. Classification occurs on the type of injury and severity, and includes disabling or non-disabling.

Appealing a Oregon Workers Compensation Denial

The Appellate Review Unit handles all disputed claims based on closures of the claim, as well as in instances of dispute over temporary disability and permanent disability. Impartial medical examinations receive scheduling by this unit to investigate the claim, and then it settles the disagreements appropriately based on court findings. To file a dispute, contact the workers' compensation office directly.

Collecting Oregon Workers Compensation Benefits

Medical bills and lost wages receive coverage, to some degree. Up to 66 and 2/3rds, percent of your gross wages may receive payment, based on the average week over the last 52-week period. Mileage payments occur for required doctor visits. You may not collect on emotional damages or loss of enjoyment of life or similar claims. Also, note that if your employer has workers' compensation insurance, you may not file a civil lawsuit against the employer for your injuries.

Hiring a Oregon Workers Compensation Lawyer

If you feel that your employer has not provided adequate information to you regarding worker's compensation, or you have received denial for a claim, it may be important to file a worker’s compensation claim or dispute through an attorney. Their services may provide you with the ability to have disputes settled more efficiency. If your employer does not have workers' compensation insurance, an attorney can help you to file a civil lawsuit.

Oregon Workers Compensation Office Locations

Salem Office
350 Winter St. NE
P.O. Box 14480
Salem, OR 97309-0405

The Oregon workers' compensation offices are more readily available over the phone. Contact the office at 800-452-0288.