|
The Workers' Compensation System in Oregon is created by the Legislature. Over the past 14 years there have been substantial changes to the laws governing work related injuries. The Law favors the insurance companies by requiring you to prove everything. The insurance company can win by saying that you haven't been able to prove everything.
Just having an accident at work may not be enough
A worker has the burden of proving both legal and medical causation of the condition and need for treatment. If there is a "Pre-Existing" condition, medical evidence must establish the work injury or activity as the major contributing cause of the condition and need for treatment. Even the natural aging process can be a pre-existing condition.
THINGS YOU SHOULD KNOW IF YOU ARE INJURED AT WORK!!!!!!
You can be required to give a statement;
Anything you say can and will be used against you; You can be required to go to three independent medical exams with doctors chosen by the insurance company; Those doctors work for the insurance company, not you; There is no doctor patient privilege when you file a claim;
You do have rights and it is up to you to enforce them. If the carrier has denied your claim or any benefits you can request a hearing. You can obtain legal representation at no cost to you.
If your claim has been accepted, you will eventually receive a Notice of Closure. If you have a permanent disability, this will provide for an award for that disability, if provided for under current law. This is not a settlement. You can have an attorney review this closure to see if you have been treated appropriately. The attorney fee is out of any increase you receive. I always recommend that these awards be reviewed.
This is a complex system and often the injured worker is the only one who does not know what is going on.
|
|
