Portland Workers' Compensation Attorney

The workers' compensation system was created to assist workers with on the job injuries by offering certain benefits designed to restore the worker to the position they were in before the on the job injury occurred. It is important to remember that Oregon workers' compensation is a no-fault liability system that requires mandatory coverage of all employees and provides an exclusive remedy. This means that, in most cases, you will not be able to sue your employer directly for your damages from the injury. With that said, some exceptions exist and Goin Law Group always recommends discussing your right to workers' compensation benefits with an experienced workers' compensation attorney.

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The benefits offered under the Oregon workers' compensation system fall within one of five categories:

 

• Medical treatment- Oregon injured workers are entitled to medical treatment for their on the job injuries and work accidents. Medical treatment could include seeing a physician, physical therapy, chiropractic therapy, acupuncture, surgery, injections, durable medical equipment, such as walkers, canes, splints and prosthetics, or diagnostics like x-rays, arthrograms and MRIs.

 

• Time loss or payment for lost wages- The insurer is generally responsible for paying an injured worker's "temporary disability benefits" when an on the job injury occurs and the worker received a restriction from their physician that prevents the injured worker from returning to the job at injury. "Temporary partial disability benefits" are paid when modified duty work restrictions are imposed and the worker has returned to a new position working fewer hours or earning a lower hourly wage.

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• Permanent impairment- Sometimes an injured worker does not make a full recovery following their accident. Permanent impairment is typically awarded when the worker's attending physician performs a closing examination that documents objective findings in support of a permanent impairment award. This is a complex area of Oregon's workers' compensation laws. Many insurance companies will work directly with the worker's attending physician in an effort to close the claim without awarding the worker permanent impairment. Goin Law Group highly recommends seeking legal assistance if you believe your attending physician has discharged you from care or plans to do so within the next three to six months. 

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• Vocational retraining- Like permanent impairment, vocational retraining is also a complicated area of Oregon's workers' compensation laws. Vocational assistance may be available when a worker has permanent impairment as a result of their work injury that also resulted in permanent work restrictions that prevent the injured worker from returning to their job at injury. Goin Law Group recommends consulting with an experienced Oregon workers' compensation attorney immediately if you believe you may have permanent impairment and permanent work restrictions.

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• Death benefits- If a work injury or occupational disease results in a fatality, the worker's spouse and dependents are entitled to a lump sum payment for the final disposition and funeral expenses of the worker, in addition to monthly support. The amount due changes yearly. Spouses will continue to receive benefits until they remarry. Children receive benefits until they reach the age of 18 unless attending college, in which case benefits will continue until they are 23. In some instances individuals who were not a spouse or child of the deceased may also qualify for benefits as "other dependents." Benefits amounts change annually. Consultation with a Portland workers' comp attorney is highly recommended if a loved one sustained a work related fatality.