If you have recently experienced an injury while at work, you have likely realized that the workers compensation process can be complicated. Between the ins and outs of Oregon employment law and the necessary procedures you will need to undergo to submit a complete workers compensation packet, there is a great deal of potential for misinformation. For that reason, we have compiled a list of common myths about workers compensation.
Myth #1 – Your Employer Doesn’t Need to Provide Workers Comp Coverage
If your employer claims their status as a small or independently operated business eliminates the necessity of workers comp coverage, they are either misled or dishonest. The truth is that all Oregon businesses employing more than one person must provide workers compensation coverage for their employees. In fact, sole proprietorships are the only businesses in the state that have the option to forego coverage.
Myth #2 – You Cannot Use Your Own Doctor for a Workers Compensation Claim
You may utilize your own doctor for any appointments and to file a workers compensation claim in any state. However, if your employer’s insurer has enrolled you in a managed care organization, you will likely need to choose from their list of doctors. In addition, it is essential to ensure your doctor accepts workers compensation claims.
Myth #3 – If Your Workers Compensation Claim Is Denied, You Cannot Receive Benefits
While it is true that you cannot receive benefits regarding your initial claim if it is denied, you may still be able to receive benefits eventually. You have the right to appeal any claim denial, and if your appeal is approved, you could ultimately receive benefits. Be sure to file your appeal within 60 days of the mailing date of your notice.
Myth #4 – You Must Prove the Injury Was Your Employer’s Fault
Oregon is considered a “No-Fault State” when it comes to workers compensation claims. This means that you can file a workers compensation claim when you are injured at work even if the incident was your fault. The only caveat – the injury cannot be intentionally self-inflicted.
For more information regarding your rights as they pertain to Oregon workers compensation, it is essential to consult with a skilled workers compensation attorney. Please reach out to the attorneys at Shlesinger & deVilleneuve at your earliest convenience to schedule a consultation.
