10 Common Mistakes When Filing For Portland Worker's Compensation
Employees in Portland have financial protection when they get hurt on the job or get sick because of work-related conditions. The protection is called workers’ compensation insurance, commonly known as workers’ comp. Most injured workers have a right to money for medical costs, a portion of their lost income, and certain other losses. However, you must file a workers’ compensation claim to access these workers’ comp benefits.
If you’ve been hurt or fallen ill on the job, contact The Law Offices of Jodie Anne Phillips Polich, P.C., for help with your workers’ compensation claim. We provide free consultations to discuss your options.
Common Mistakes Made When Filing a Worker’s Comp Claim in Portland
According to the Bureau of Labor Statistics, employees in Oregon suffer more than 40,000 work-related injuries and illnesses in a given year. Workers who become injured or sick on the job do not always know how to react — for many people, being seriously injured or ill at work is unfamiliar territory.
Here are some common mistakes people make regarding workers’ compensation claims in Oregon – and why you need to avoid them.
1. Waiting To Report a Work-Related Injury or Illness to Your Employer
There are many reasons why an employee might wait to report an on-the-job injury or work-related illness. Explanations for a reporting delay include:
- You believed the injury or illness was not severe enough to cause you to miss work.
- You did not know that you had workers’ compensation coverage and thought that concealing your injury or illness was the only way to keep earning money.
- You were not aware of an injury or illness until symptoms worsened.
- You had reasons to believe your employer might retaliate if you reported a work-related injury or illness.
If you wait to report a work-related injury or illness, you don’t just put your health at risk. You also give an employer reason to claim an injury or illness is not work-related. By reporting an injury or illness as soon as you become aware of it, you can link that medical condition to specific circumstances at work, like an accident or exposure to dangerous chemicals.
2. Leaving Out Details or Embellishing Your Story
The insurer will ask you to explain the circumstances of your injury to verify that it is a covered event. Be accurate and thorough, as doing so is essential for establishing not just your coverage but also the extent of your injuries. However, be careful not to embellish your story or invent symptoms, as doing so could jeopardize your claim once the truth comes out.
3. Missing Crucial Deadlines
While workers’ comp provides valuable benefits to workers in need, the system requires them to meet certain deadlines. Avoidable time-management mistakes are among the top reasons for denied claims. Don’t let this happen to you.
4. Signing Contracts with Your Employer That Give Away Crucial Protections
Nearly all employers in Oregon must provide workers’ comp coverage to their employees. Unlike in many other states, they cannot insist that injured workers see a physician of the employer’s choosing. If your employer tries to get you to sign away these rights, get in touch with a workers’ comp lawyer immediately.
5. Going Against Your Doctors’ Orders
You may be entitled to workers’ compensation benefits for the foreseeable future. However, if you fail to comply with your doctor’s recommendations, the insurance company may revoke your benefits.
To protect yourself from this possibility, you should:
- Attend your medical appointments.
- Refrain from engaging in any physical activity that could cause re-injury or slow your recovery.
- Avoid working until a doctor clears you to return.
- Follow any other orders you receive from medical professionals.
Workers’ compensation benefits can be a financial lifeline at a time when you are unable to work. Once you begin receiving workers’ compensation benefits, don’t do anything to jeopardize them.
6. Trying to ‘Tough It Out’ Rather Than Taking Time Away from Work
There is no reward for “toughing out” a work-related injury or illness. Your condition may deteriorate without necessary treatment and rest. A worsening condition can end up keeping you from working for much longer. You must report your work-related health problem and seek medical attention as quickly as possible.
7. Not Knowing Your Rights as an Employee
Oregon’s Workers’ Compensation Division (WCD) explains that employees in Portland have rights.
An employer cannot force you to do the following:
- Prevent you from filing a workers’ compensation claim.
- Force you to lie about how an injury or illness happened.
- Prevent you from getting medical treatment.
- Prevent you from hiring a lawyer.
- Retaliate against you for reporting an injury or illness.
You should never be afraid to report an on-the-job injury or illness. The law protects you.
8. Assuming That Your Employer Will File a Claim
An employer should provide you with Form 801, which employees use to report a work-related illness and injury. Your employer should complete their portion of this form and submit it to their workers’ compensation insurance provider within five days of being informed of your injury or illness.
While this is what they should do, it is wise to follow up with your employer to verify they have filed the claim. If your employer says they filed the claim but did not or admits that they did not file a claim, then they may be directly liable for your losses.
9. Failing to Document Your Injury or Illness and All Related Treatment
Insurance companies do not pay out compensation unless they have to. A lack of compelling documentary evidence tying your condition to a workplace incident leaves room for an insurer to deny coverage or minimize a potential settlement.
You can build a strong foundation for your claim by collecting any incident reports, medical records, test results, and other documentation relevant to your claim. However, working with an experienced attorney can reduce your chances of forgetting or misplacing valuable evidence.
10. Failing To Hire an Attorney to Help with Your Claim
A workers’ compensation lawyer in Portland can guide you through the claims process and prevent you from making avoidable mistakes and errors that could lead to a denial. Your lawyer will protect your rights, deal with insurance companies, obtain documentation of your injuries, and represent you at any necessary hearings.
Call the Law Offices of Jodie Anne Phillips Polich, P.C., Today for a Free Consultation
Hurt on the job in Portland? Contact the Law Offices of Jodie Anne Phillips Polich, P.C., today for a free consultation with a Portland workers’ comp attorney. We want to help you get the benefits you’re entitled to as quickly as possible and give you the peace of mind you need during a challenging time.