Workers' Compensation Lawyer In Portland

Portland, Oregon

Currently We Are Not Taking Additional Workers' Compensation Cases

At this time Johnson law is not taking any additional workers' compensation cases.

We are keeping this page active as it provides useful information to the general public about workers' compensation in Oregon.

Workers' Compensation Attorney

Whether you have had a claim unjustly denied, lost a loved one before their time, or been injured by someone’s negligence, you deserve fair and honest compensation. We focus on aggressive representation of individuals and their families in the face of opposition from insurance companies. Read our FAQ here.

Worker's compensation claims are unique and the best way to know your options is to request a free consultation.

Why Do People Choose Johnson Law?

We have litigated hundreds of cases on behalf of injured or wronged individuals. We are trial lawyers and we are not afraid of litigation. We offer you the results of a big corporate law firm with the ambiance and care of the boutique litigation firm we are. There are many law firms in and around Portland, but people keep coming back to Johnson Law because of their trust in us, the compassion our attorneys show to our clients, and the positive results we've obtained. Our lawyers are dedicated and skilled litigators, and we will never stop fighting for you.

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.

Do You Need a 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?

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?

• 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 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.

Oregon Workers' Compensation Statistics

• 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