Introduction to workers compensation Law
Workers Compensation :- Workers’ compensation is insurance that provides financial benefits and/or medical care to workers who are injured or become ill as a direct result of their work.
Employers pay for this insurance and may not require the employee to contribute to the cost of the benefit. Weekly financial benefits and medical care are paid by the employer’s insurance company in accordance with the instructions of the Employment Pension Board. The Labor Council is a government agency that processes applications. If government intervention is necessary, it will decide whether the relevant insurer will cover financial benefits and/or medical care and the amounts payable.
In a workers’ compensation case, neither party is presumed guilty. The amount received by the claimant does not reduce his negligence or increase the fault of the employer. However, the employee loses the right to worker’s compensation if the injury was caused solely by his drug or alcohol intoxication or his intent to harm himself or others.
Compensation is paid if the employer or the insurance company agrees that the accident or illness is work-related. If the employer or insurance company disputes the claim, no financial benefits are paid until a workers’ compensation judge decides who is entitled. If an employee does not receive benefits because the employer or insurance company claims the accident is not work-related, they may be entitled to disability benefits in the interim. However, all payments made under the disability program are deducted from future employee benefits.
If you can return to work but your disability does not allow you to earn the same salary as before, you may be entitled to compensation equal to two thirds of the difference. You can also return to work for light or alternative work before you have fully recovered.
Worker Right in workers compensation Insurance
- You have the right to file a workers compensation claim.
- Your employer cannot force you to make a claim.
- Your employer cannot force you to say that your injury did not occur while you were working.
- Your employer cannot force you to work as an independent contractor, partner, or business manager to avoid filing a workers’ compensation claim.
- Your employer must send your claim (Form 801) to your insurer within five days of reporting your disability.
- You have the right to seek treatment. This may be your own doctor or a doctor from a managed care organization (MCO), depending on your employer’s compensation insurance
- You are allowed to return to work if your doctor allows you to return to work.
- If you are partially or completely unable to work because of your injury, you are entitled to disability benefits.
- If you disagree with the insurance company’s decision on your claim, you have the right to appeal the decision.
- You have the right to be represented by an attorney without attorney’s fees.
Responsiblity of Worker
- Read all letters and notices related to your claim.
- Pay attention to all appointments, deadlines and dates.
- If you do not act or miss the deadline, you may lose your right to workers’ compensation.
- Keep copies of all letters you send and receive.
- Keep all doctor appointments.
- Contact your employer immediately if your doctor clears you to work.
Have you been injured at work?
workers compensation:-If you think you have been injured at work or become ill at work, inform your employer as soon as possible. In Oregon, injured workers have the right to file a claim, seek medical attention, and receive vacation pay.
The workers’ compensation industry has its own language. For clarity, see the Oregon Workers’ Compensation Terms and Abbreviations.
Helpline Number For workers compensation
If you do not agree with the insurer’s decision regarding the claim, you have the right to appeal against it, for any complaints or appeals regarding your claim, you may contact the Ombuds Office for Oregon Workers at 800 -927-1271 (toll-free) or 503-378-3351.