Coos Bay Worker Compensation Attorneys
Nowadays, Oregon State requires businesses to provide worker’s compensation insurance coverage for their staff. This means – unless you work for yourself – you’ve got worker’s compensation coverage that’s intended to protect you if you’re injured at work. Worker’s Compensation is expected to cover any medical care bills and partial earnings until you are ready to return to your job. Regrettably, Oregon’s Worker’s Compensation laws and regulations have grown to be so extremely intricate confounding many men and women in the workforce who decide they need to enlist the help of a qualified attorney just to assist with the filing process and to ensure they obtain their benefits!
There are a lot of stringent rules about worker’s compensation claims; the most crucial being that Oregon features extremely inflexible time limitations for filing for benefits. You need to seek medical help as well as tell your employer about your injury immediately after it occurs. After you have completed this, you should contact us within the few proceed days, so that we can help you collect the information you’ll need and provide you with important counseling about how to move forward with your claim. At Shlesinger & deVilleneuve, we fully understand the complex intricacies of Oregon’s Worker’s Compensation laws, so we know how to assist you in obtaining the benefits you may be entitled to receive. In general, you’ll find there are five fundamental types of Worker’s Compensation Benefits:
- Vocational or retraining costs
- Medical care for illness or injury
- Replacement income
- Compensation for irreversible disability
- Benefits for survivors of employees who were killed on-the-job
At the time that you file a claim for Worker’s Compensation benefits, you are no longer dealing with your employer, you are now dealing with the insurance company that provides your employer’s worker’s compensation coverage. While you might have a strong relationship with your employer, and while they may be sympathetic to your circumstances, the insurance company views you only as a liability and will not have your best interests in mind. Our legal team is passionate about standing up for your rights. In fact, this firm was founded on that passion and it drives our actions every time we advocate for a client and take on a large insurance company.
Filing a Claim
Rigid time restrictions control this procedure. Your claim should be submitted immediately with your employer. Workers hurt on the job in Oregon are challenged by some of the strictest workers comp rules. It’s crucial that you obtain medical help quickly. It’s also important what you provide the healthcare provider a precise and honest account of the circumstances of your injury. Be sure to review the provider’s chart notes before leaving their office. Numerous claims have been won or lost simple based on the background provided at the medical visit. It is crucial that you report the exact circumstances leading up to your injury. Don’t let anyone try to talk you into reporting false information or, not reporting at all!
Stringent time limits control this procedure as well. In the event that your claim is denied, you will be given a timeline of 60 days within which you have to file for an appeal. If you do not comply with the time line given, you will forfeit your benefits completely. This is why it is important to contact our office so that one of our experienced worker’s comp attorneys can help you with this process.
Notice of Closure
If your claim is closed, you may get a notice stating that you’ve been awarded partial disability benefits. This notice will additionally include a limited time restriction for filing an appeal. If you have received a notice of closure, you have only 60 days for submitting an appeal. Once again, you need to work within this time limitation to prevent losing the ability for filing a request for increased benefits.
Medical and Vocational Retraining Disputes
With the current climate of the Oregon Worker’s Compensation administration, it is really not unheard of for a hurt worker to end up being deprived of the essential health treatments or professional retraining that they need. The insurance organizations often tend to be unwilling to cover needed medical therapies and therefore deny the claims. If you have received a notice that your particular healthcare avenues have been rejected or you are not qualified for vocational retraining – contact our office immediately so that we can step in and advocate for your best interests.
Third Party Claims
As stated above, when you are hurt on the job you generally fall within the arena of the workers compensation scheme. However, if you are on the job but are hurt as a result of the negligence of someone not associated with your work, you likely have a 3rd party claim. Think of a UPS driver that gets attacked by a dog on someone’s property. A 3rd party claim is similar to a personal injury case and can provide additional recover for the injured person.
The settlement of a workers claim is frequently a good option. If settlement is something that you are interested in, it is important for you to contact an experienced workers’ compensation attorney. The insurance company deciding on your settlement amount will not be considering your best interests. You need an advocate who can stand up for your rights and get you a settlement amount that adequately reflects what you have gone through.
Oregon attorney fees for workers compensation cases are generally established by state law. The way in which these fees are paid is dependent on the path used in settling the claim. Workers’ compensation attorneys charge on a contingency basis. This means that you do not have to pay their fee unless you are secured a recovery or increased benefits.
You can expect that sometimes your attorney will need to incur out-of-pocket expenses on behalf of building your case. These expenses are not attorney fees – they are instead for things like paying for the expert witness and court transcriber. This is especially true if your claim has been denied and you are appealing.