Worker Compensation Attorney Brookings & Gold Beach
Employees in the state of Oregon are supposed to be protected by Worker’s Compensation laws, but in practice, these are often so complicated that it becomes incredibly difficult for people to access their benefits when in need, regardless of whether they’re requesting benefits to cover an on-the-job injury, benefits for survivors of someone who passed away on the job retraining expenses, or replacement income. The benefits you are entitled to are provided by your employer’s insurance company, and such companies are notorious for doing everything in their power to avoid paying out claims, even when the situation legitimately warrants such payments. That’s why it’s absolutely critical to work with an attorney who fully understands Oregon’s Workers Compensation laws and the systems involved.
What You Need to File Workers Compensation in Brookings
To better help you understand the process, here are some of the things you should be aware of prior to filing:
- Filing Your Initial Claim: When filing a claim, it’s critical to keep track of any deadlines involved, as missing those deadlines will invalidate your entire case. In general, it’s best to move forward with filing as soon as possible. However, you also need to ensure you haven’t made any errors and are providing sufficient documentation. This is where hiring an attorney can be invaluable.
- Denial of Benefits: If your claim is denied, that doesn’t mean you can’t receive benefits. The system allows you to file an appeal. However, this too has a strict deadline. Failing to submit your request within 60 days of the rejection will make you ineligible to continue attempting to secure benefits.
- Claim Closure: Once your situation is declared to be stabilized, you will receive a notice of closure. If your situation involved a permanent injury, this might include permanent benefits for partial disability. However, you might realize upon further inspection that the amount awarded is far from fair or sufficient for your needs. If that’s the case, you have only 60 days to reply and appeal the decision.
- Disputes Involving Vocational Retraining or Medical Service:
Medical services and retraining expenses should be covered by worker’s compensation, but, in practice, it isn’t uncommon for insurance companies to deny such claims. In such a situation, it is critical to appeal the decision properly within the appropriate timeframe to avoid missing out on these helpful benefits.
- Claims Involving Third Parties:Depending on your line of work, some situations can be a little more complex than others. For instance, it’s possible to sustain job-related injuries while on a job site that is owned and managed by a third party other than your direct employer. This type of situation is referred to as a third-party claim, and as with many other types of worker’s compensation claims, requires swift action to meet the deadline.
- Worker’s Compensation Settlements: In an effort to finalize the process without incurring additional expenses, insurance companies will provide claimants in worker’s compensation cases with settlement offers. Such offers might seem fair at a glance but often fail to provide adequate compensation. A skilled lawyer can review the offer and provide you with legal guidance on how to proceed.
- Lawyer Fees: In the state of Oregon, lawyer fees are highly regulated to ensure they remain affordable for clients of all backgrounds. In addition, lawyer fees involving worker’s compensation cases are considered contingent fees, meaning that you would only be charged if you are successful in having your claim approved and receive benefits.
- Additional Expenses: Depending on the complexity of your case, you might have some additional expenses beyond the aforementioned lawyer fees. This would cover any charges involved in obtaining copies of medical records, conducting a forensic investigation, or hiring an expert witness. You might also be asked to cover trial court fees.
Shlesinger & deVilleneuve
Worker’s Compensation Attorneys
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Even with all the information disclosed above, it can be incredibly difficult to stand up to powerful insurance companies determined to pay as little as possible. At Shlesinger & deVilleneuve, we specialize in providing our clients with aggressive representation, ensuring that all claims filed are backed by significant and conclusive evidence. In fact, we have been handling such cases for over four decades, providing us with extensive experience. If you are seeking out a worker’s compensation attorney in Brookings or Gold Beach, we are here to help. Contact our offices right away to get started with your free initial consultation.