Oregon Workers' Compensation Lawyer

“My client’s input and opinion are important to me. If your Workers' Compensation claim has been denied, I firmly believe in tailoring a plan of action from the start that is focused on getting you the compensation you deserve.”

Johnson Law, P.C. - Partner (non-equity)

Ralph E. Gzik

Personal Injury and Family Law Attorney

Ralph E. Gzik

Important Information From An Oregon Workers' Compensation Lawyer

Johnson Law, P.C.

If your claim has been denied, then it is time to reach out to an Oregon workers' compensation attorney. Worker's compensation claims are unique and we believe handling them requires aggressive compassionate advocacy.

How Does Workers' Compensation Work in Oregon?

Oregon workers’ compensation system is a no-fault system. The compensability of a claim is not dependent upon demonstrating fault and negligence like it is in some other states. Oregon largely uses a no-fault system so that injured workers can receive faster and fairer help for work-related claims. When you are injured and file a claim an insurance company will actually get involved to determine if your claim is compensable. There are two types of claims, disabling and nondisabling claims. Accepted disabling claims cover medical services and disability or death benefits. Accepted nondisabling claims only cover medical services.

Oregon Workers' Compensation Statistics

According to the most recent data available:

In 2018 almost two million Oregon workers were covered by Workers' Compensation. These employees are spread among 123,700 employers.
For 2018 there were 35 compensable fatality claims, which is fairly normal for Oregon.
The ten-year average sits at 29.3 compensable fatality claims.
In 2018 under 12 percent of disabling claims were initially denied by insurers. This was the lowest denial rate on record.
10,254 claims were denied in 2018.

Source: Oregon.gov

Things You Need To Know

How much does it cost to retain a personal injury attorney? Are there additional costs?

There is no upfront cost to retain a personal injury attorney.

We operate on a contingency fee basis similar to most personal injury lawyers. However, you will be pleased to learn that we charge our fee only AFTER your medical bills have been paid. This is an important distinction.

We do not get paid unless we win. Almost all personal injury attorneys operate on a contingency fee basis, but that does not mean they charge the same fee. If we settle prior to trial or arbitration we take 33.33% of the recovery as our attorney fee. This is after your medical bills have been paid. Many personal injury attorneys take their 33.33% fee before the medical bills have been paid. This can result in the client receiving little or no compensation. If we go to arbitration or trial, our contingency fee is 40% of the recovery, again after the medical bills are paid. In our experience, this results in our clients being fairly compensated with higher financial recovery.

The insurance company has already offered me a settlement. Should I take it?

Not before consulting with an attorney.

Insurance companies have an interest in getting you to settle your claim as quickly and as cheaply as is possible. By settling your claim, you are releasing the insurance company from any future liability stemming from the incident. It takes time for medical professionals to identify all of your injuries. If you settle your claim too quickly and then realize later on that you are suffering from a more serious injury, it is difficult, if not impossible, to hold the insurance company accountable and receive the proper amount of compensation. Also, in our experience, insurance companies generally do not offer fair settlements to people who are not representing by an attorney.

Oregon Workers' Compensation More Info

Do You Need an Oregon Workers' Compensation Lawyer?

You are not required to have a lawyer handle your workers' compensation claim. However, even though workers' compensation in Oregon is designed so that you don't need a worker's compensation lawyer, you often want to work with an experienced professional to ensure that you receive all the benefits you are rightly owed. Case reviews are free for a workers' compensation lawyer in Portland. Call and immediately be connected with an attorney or schedule a time best for you. We will go over your injuries and options. At that time we can give you an informed opinion of what we believe is in your best interests.

What are my workers' compensation rights in Oregon?

Oregon workers have the following rights as listed by the Oregon Worker's Compensation Division:

You have the right to file a workers’ compensation claim.
- Your employer cannot force you to not file a claim.
- Your employer cannot force you to say your injury did not happen while working.
- Your employer cannot force you to work as an independent contractor, partner, or corporate officer to avoid filing a workers’ compensation claim.
- Your employer must send your claim (Form 801) to its insurer within five days of being notified of your injury.
You have the right to seek medical treatment. This may be your own doctor or a doctor of a managed care organization (MCO), depending on your employer’s workers’ compensation insurance policy.
You have the right to return to work if you are released for work by your doctor.
If you are partially or totally disabled due to your injury, you have the right to disability (time-loss) pay.
If you do not agree with the insurer’s decision about your claim, you have the right to appeal the decision.
You have the right to be represented by an attorney at no cost for attorney’s fees.

How do I file a workers' comp claim?

Motorcycle accidents are frequently caused by negligent drivers who:

Immediately inform your employer of the injury.
Fill out a report of Job Injury or Illness (Form 801) and turn it in to your employer.
- You can request a copy from your employer or print it yourself.
- Within five days of being notified of your injury, your employer must turn in Form 801 to the insurance company.
If you receive medical care after the injury you need to tell your provider that the injury is work-related and complete a Worker's and Health Care Provider's Report for Workers' Compensation Claims (Oregon Form 827).

There are various deadlines that need to be met and eventually the insurance company will approve or deny the claim. You will be informed why a claim is denied and have the right to appeal this decision. This is an excellent time to hire a workers' compensation lawyer.

The state of Oregon has also created a flow chart to help explain the process.

How Do I Appeal a Workers' Comp Denial?

If your claim was denied and subsequently closed, you have the right to appeal your claim with the Workers’ Compensation Division. You must request reconsideration, essentially appealing your denial, within 60 days of the mailing of the notice of closure. Do not miss this deadline!

This is an important time to contact a workers' compensation lawyer if you haven't already. An experienced attorney knows how to work through the appeals process and government bureaucracy. Don't have your claim denied because you missed a deadline or incorrectly filled in a form. You also want to feel safe knowing you were adequately compensated for your injuries. Talking to an attorney is one of the best ways to know if you are receiving a typical payout or are being undervalued. Case reviews are free and usually quite informative. Call or otherwise contact us to get the process started.