How Long Can I Collect Workers’ Compensation in Oregon?
There is no fixed limit for how long workers’ compensation benefits last in Oregon. You can keep receiving workers’ comp payments as long as your approved doctor says your work injury continues to prevent you from working or requires medical care. In some cases, benefits can last for months or even years.
However, getting and keeping benefits takes more than just filling out a form. You need clear support from your doctor, proof of your injury, and prompt action if your insurer tries to stop or reduce payments. That is where Jodie Anne Phillips Polich, P.C., comes in.
Jodie helps injured Oregon workers hold insurers accountable and keep their workers’ compensation benefits on track. If you have questions or need help with your claim, reach out to Jodie now for a free initial consultation.
Types of Workers’ Compensation Benefits in Oregon
If you got hurt at work in Oregon, you likely qualify for workers’ compensation benefits. Here is a quick look at the different kinds of benefits you could receive after a work injury in Oregon:
- Medical care benefits – These pay for treatments related to your workplace injury or occupational illness. If your claim is approved, your doctor sends bills to the insurer, so you do not have to pay out-of-pocket.
- Temporary total disability benefits (TTD) – If your doctor says you cannot work at all because of your injury, you can receive TTD payments. These replace part of your lost wages while you are off work.
- Temporary partial disability benefits (TPD) – If your doctor clears you to work with restrictions that reduce your hours or duties, you may qualify for TPD. These benefits offset some of the difference between your usual wages and what you earn while on light-duty or modified work.
- Permanent partial disability benefits (PPD) – If you do not fully recover from your injuries but can still work, you might receive PPD. These benefits reflect a lasting loss of bodily function.
- Permanent total disability benefits (PTD) – If you cannot return to any type of work because of your injury, you may receive PTD. These benefits are ongoing and based on your average weekly wage at the time of injury.
- Vocational assistance – If your injury keeps you from returning to your old job or earning at least 80 percent of your previous wages, you might qualify for benefits to help with job retraining.
- Death benefits – If a worker dies from a job-related injury or illness, the surviving spouse, children, or other dependents may receive monthly payments. Death benefits also cover funeral costs.
Duration Limits for Each Type of Workers’ Compensation Benefit
Oregon does not set a fixed time limit on how long you can receive temporary disability benefits. You can keep getting TTD or TPD payments as long as your doctor keeps you off work or limits your duties due to your workplace injury. The payments stop when your doctor says you are medically stationary, which means you have healed to the point that additional medical treatment will not improve your condition.
PPD benefits pay a set, one-time amount based on your impairment and wages before the injury. PTD benefits last for life, unless a change in your medical or work status affects your continued eligibility. If you qualify for vocational retraining, time-loss benefits during the program can last up to 16 months and sometimes longer with special approval.
Factors That Can Affect Workers’ Comp Benefit Duration
Several factors could affect how long you receive workers’ comp benefits in Oregon. Your medical condition plays a key role. If your doctor releases you to light-duty work or says you are medically stationary, your payments could stop or decrease. If your employer offers you modified work that your doctor approves, and you turn it down, you could lose some benefits.
Terminations and layoffs do not automatically end your benefits, but you will need a doctor’s note to keep them. If your condition gets worse after your claim closes, you may reopen the claim within five years. Also, if you enter a vocational program, your benefits can continue while you train.
Time Limits and Deadlines in Oregon Workers’ Comp
Oregon law gives you only a short time to act after a work injury. You must report your injury right away and file a claim using Form 801. If you see a doctor, they must also file Form 827 within 72 hours.
The insurer has up to 60 days to accept or deny your claim. If your claim is denied, you have 60 days after receiving the denial letter to ask for a review. If your claim closes and you want to appeal, you also have 60 days to request reconsideration. You must act within five years to reopen a closed claim. If you need reimbursement of out-of-pocket costs, you must send proof to the insurer within two years.
Can You Appeal a Termination of Workers’ Comp Benefits?
Yes, you can appeal if an insurer stops your workers’ comp benefits in Oregon. If the insurer says you have reached maximum recovery or claims you can go back to work, and you disagree, you can ask for a review. You have 60 days from the mailing date on the Notice of Closure to request reconsideration.
After you submit your request, the Workers’ Compensation Division will review your medical records and any other documents you provide. You can also request an independent medical exam if necessary.
If you still do not agree with the decision after reconsideration, you can ask for a hearing with an administrative law judge. Our workers’ compensation attorney can help you act quickly and protect your benefits.
How an Oregon Workers’ Compensation Attorney Can Help Injured Workers
The workers’ comp system includes a lot of forms, deadlines, and rules that can be difficult to track without help. A workers’ compensation attorney can handle all the legal aspects of your claim so you can focus on getting better.
Here are some key ways a lawyer like Jodie Anne Phillips Polich can help with your workers’ compensation claim:
- Gathering and submitting medical records to back up your case
- Talking with your doctor to get clear documentation of your work limits
- Tracking and meeting all legal deadlines for your case
- Explaining how a settlement might affect your future medical coverage
- Dealing with the insurer so you do not have to deal with them directly
- Filing appeals if the insurer denies your claim or stops your payments
Contact a Workers’ Compensation Lawyer in Oregon
If you are recovering from a work injury and have questions about your benefits, do not wait to get answers. Contact Jodie Anne Phillips Polich, P.C., now for a free consultation to get the legal support you need.