Workers Compensation Attorney in Milwaukie
Workers’ compensation (also called workman’s compensation) is a type of insurance that an employer purchases to cover employees who are injured on the job or contract an occupational illness.
Oregon requires most employers to carry workers’ compensation insurance coverage for employees who are injured or become ill on the job. Business owners purchase workers’ comp through a private insurance company or they may be self-insured.
Every month, your employer pays a premium to their insurance carrier for employee benefits, such as medical coverage and lost wages. Unlike a personal injury claim where you must prove fault, you receive benefits through workers’ comp regardless of who caused the accident. As long as your injury or illness is job-related, you’re covered.
Filing a workers’ compensation claim can be confusing and time-consuming. Milwaukie workers’ compensation lawyers from Jodie Anne Phillips Polich, P.C. understand the complex laws and benefit requirements in Oregon. If you sustain an injury or occupational illness, our attorneys can help you navigate the legal process and seek the maximum benefits you deserve.
Contact us for a free consultation.
Who Is Entitled to Workers’ Compensation Benefits in Milwaukie?
If a business owner employs at least one employee, they must carry workers’ comp insurance in Oregon. For an injured worker to apply for benefits, you must meet two basic requirements:
- You’re an employee of a company that carries workers’ compensation insurance.
- Your injury occurred on the job site or while performing work-related responsibilities.
Whether you’re a full-time, part-time, or seasonal employee, you’re eligible for benefits. Additionally, your duration of employment with the company doesn’t determine whether you’re covered. Independent contractors, freelancers, and consultants typically don’t qualify for workers’ compensation. It’s also unlikely that you’re covered if you’re a volunteer worker.
It’s essential to prove your injury occurred on the job or otherwise in the course and scope of your employment. Even if your injury occurred at a third-party site, you could potentially receive benefits.
The following scenarios are a few examples of accidents that could be covered by workers’ compensation insurance:
- Falling from heights
- Exposure to hazardous chemicals
- Getting burned or electrocuted
- Slipping or tripping on workplace materials
- Muscle sprain or strain from lifting or moving heavy objects
- Fatigue or dehydration from strenuous activity
- Operating defective or poorly maintained machinery
- Getting a cut or laceration
- Hearing damage and loss from loud noises
- A car accident while performing job-related duties
- Head trauma from fallen objects
- Broken or fractured bones
- Stress or emotional trauma
Your Milwaukie workers’ comp attorney will review your employee records and details of the incident to determine your coverage. As long as your injury or illness happened as a result of your job, you should be entitled to the appropriate benefits.
What Are My Rights as an Injured Milwaukie Worker?
The Workers’ Compensation Division in Oregon exists to ensure that injured individuals receive reimbursement for necessary medical treatment and payments for time away from work. It also assists workers returning to work or finding a new place of employment.
As an injured employee, you should:
- Seek medical treatment.
- File a workers’ compensation claim.
- Return to work if the doctor releases you
- Obtain disability benefits for a partial or total disability caused by your injury.
- Appeal a denied claim.
- Seek representation from an attorney.
When you’re injured, or your doctor diagnoses you with a work-related illness, there are essential steps you should take to file for benefits:
- Notify your employer. Ensure your injury gets documented and saved in your employee file.
- Fill out Form 801 and return to your employer. Request a copy and follow up with an email or in writing that you completed the form.
- Obtain the name and phone number of the workers’ comp insurance company and claim representative.
- Get a medical evaluation from a doctor. He or she will complete Form 827 and submit it to your employer.
- Check the status of the filed claim. You should receive a Notice of Acceptance or denial letter from the insurance company within 60 days.
Is There Anything Not Covered Under Workers’ Compensation Benefits?
Workers’ compensation benefits typically cover expenses related to the injury or illness, and usually up to two-thirds of the wages earned at the time of the injury. You don’t receive any payments until you’re unable to work for at least 14 consecutive days.
The following benefits are available through an employer’s insurance:
- Medical bills – Reimbursement for medical treatment, prescription medications, travel to and from appointments, and other related expenses
- Vocational assistance – Training for a new job when the work performed before the injury is no longer an option
- Lost wages – Payments for wages you miss if you’re unable to work entirely or can work but not to the full extent that your job requires
Unlike a regular personal injury claim, workers’ compensation does not provide benefits for losses such as pain, suffering, and emotional distress. However, these and other forms of compensation may be available if a third party – someone other than your employer and co-workers – was responsible for your injuries.
Important Questions Your Attorney May Ask
When you hire a Milwaukie workers’ compensation lawyer, they will ask you various questions related to your accident.
Some of the information the team at Jodie Anne Phillips Polich, P.C. might request could include the following:
- Details of the accident, including the date, how the accident occurred, and the injuries you sustained
- Employment records stating the date you started, your job title, and required duties
- Pay stubs or bank statements to estimate the amount of benefits you could receive
- The name and phone number of the person you notified of your injury
- The names and addresses of facilities where you received medical treatment
- Medical records relating to your diagnosis and necessary treatment
- Medical bills showing costs of your treatment
- Photos of the injury
- Name and contact information of any witnesses to your accident
- Copy of any incident reports filled out by your employer
- Correspondence between you and your employer regarding your workers’ comp claim
- Your employer’s insurance carrier and claim representative contact information
- Copies of the workers’ compensation policy
Speak with an Experienced Workers’ Compensation Lawyer in Milwaukie
Were you hurt or did you become ill on the job in Milwaukie, Oregon? The attorneys at Jodie Anne Phillips Polich, P.C. are here to help you seek the workers’ compensation benefits you’re owed by law. Let us help you with filing your claim, appealing a denied claim, or fighting for the full benefits you deserve.
Call us or contact us online now for a free consultation.