Work-Related Neck Injuries in Oregon

Have you been experiencing neck pain at work or because of an accident or wear and tear that occurred while you were working? You may be entitled to workers’ compensation benefits.

The Oregon Workers’ Compensation Board oversees workers’ compensation neck claims throughout the state. An experienced workplace injury attorney at our law firm can help you through the complexities of the workers’ compensation process to pursue the maximum benefits you deserve for a work-related neck injury.

Jodie Anne Phillips Polich, P.C., is a former Oregon Workers’ Compensation Board member who understands how the Board evaluates workers’ compensation claims and uses her knowledge to guide clients. If you’ve suffered a workplace neck injury in Oregon, contact Jodie Anne Phillips Polich, P.C., or call 503-451-6065 today to learn about your rights in a free consultation.

Types of Neck Injuries Common in Portland Workplaces

Common workplace neck injuries in Portland include:

Slip-and-fall injuries, often caused by wet or slippery surfaces or cluttered workplaces
Whiplash, most commonly associated with a car accident
Herniated discs, often from heavy equipment accidents, heavy lifting, and degenerative disc disease due to repetitive stress
Nerve damage injuries, such as a pinched nerve, which may cause weakness or numbness in the hands or arms as well as the neck
Spinal cord injuries, which are among the most severe neck injuries
Broken bones in the neck, including a fractured cervical spine
Neck sprains and other injuries to soft tissues that cause a stiff neck and chronic pain

Workplace neck strain is among the most common causes of on-the-job injuries. Even ordinary everyday neck strain can become a more serious issue over time.

Oregon work-related whiplash claims are often the result of a motor vehicle accident, but any whiplash injury should be covered if it occurred while you were on the job. For example, if your employer sends you out to do a work-related task, you should be covered by workers’ compensation if you get in an accident.

Regardless of the specific nature of the work injury to the neck, remember this: you are likely entitled to compensation if the injury occurred while working for your employer. Workers’ compensation covers occupational neck injuries, so you can file a claim to demand the benefits you’re entitled to under the law.

Oregon’s Legal Framework for On-the-Job Neck Injuries

Workplace neck injury compensation in Oregon is typically handled through the state’s workers’ compensation system, which has existed in some form since 1914. After a series of reforms in the 1990s, it is now more challenging to receive workers’ compensation payments than it once was. However, the worker’s compensation system is still Oregon’s exclusive legal framework for most work-related neck injuries. A personal injury lawsuit may be an additional option when someone other than the employer and co-workers is responsible for the workplace injury.

The stricter rules implemented by the reforms of 1990 and 1995 put more power in the hands of private insurers, which have a vested interest in limiting their financial exposure whenever possible. You need a skilled lawyer to help you pursue your claim more effectively.

Filing a Workers’ Compensation Claim for Neck Injuries in Oregon

To file a workers’ compensation claim for neck injuries in Oregon, you have two options:

You can file the form through your employer, in which case the form must be filed with your employer’s insurance company within five days.
You can file the form through your healthcare provider, in which case the form must be filed with your employer’s health insurance company within three days.

Once your employer’s insurance company receives your claim, they will classify your injury as either disabling or non-disabling. No time-loss will be authorized at work if your injury is classified as non-disabling. If your injury is classified as disabling, your healthcare provider must authorize your absence from work.

If your claim is accepted, you will get a Notice of Acceptance from the insurance company. If your claim is denied, you will receive a letter explaining the denial and your right to appeal with the Workers’ Compensation Board. This appeal must be completed within the deadlines set by the Board, which often acts as a barrier to those hoping to file an appeal.

Factors Affecting Compensation for Work-Related Neck Injuries

Here are some factors that might affect your ability to recover compensation for work-related neck injuries:

Whether your job duties were the major contributing cause of your injury
The complexity and severity of your injury
Pre-existing conditions
Whether you were truly on the job at the time of the injury
Whether intoxication or horseplay contributed to your injury

For example, the coming-and-going rule generally excludes injuries sustained while an employee is commuting to or from work. The rule is based on the principle that the commute does not typically constitute an aspect of employment, and thus, injuries occurring during this time are not considered to have arisen out of and in the course of employment.

However, there are exceptions to this rule. For example, if your employer required you to use your personal vehicle for work duties, or if you were running a special errand for your employer during your commute, you may still be eligible for workers’ comp benefits.

Why You Need a Workers’ Compensation Lawyer from Our Firm

Some workers’ compensation cases are less complex and may not require the assistance of a lawyer. If your case is one of those, we’ll tell you that honestly during your free consultation call.

However, many workers’ compensation claims are more complex and challenging than they first appear, and would be much more difficult to pursue without the help of an attorney. If your case is complex, you need our experienced workers’ compensation lawyer to help you navigate the process and claim the benefits you deserve.

Our workers’ comp attorney for neck injuries can help you by:

Documenting your injury to show it arose from your employment
Filing and submitting paperwork on your behalf
Representing you at any appeals before the Oregon Workers’ Compensation Board as necessary
Negotiating for a settlement at the conclusion of your claim, at your discretion
Protecting your rights and offering you compassionate guidance throughout your case

Contact Our Experienced Portland Workplace Neck Injury Lawyer Today

If you’re filing a workers’ compensation claim for a neck injury in Oregon, contact Jodie Anne Phillips Polich, P.C. She’ll take the time to hear your story, answer your questions, and let you know what’s next. Known for her compassion and commitment to her clients, she is prepared to help you pursue the benefits you deserve for your neck injury.