After a worker in Portland, OR has suffered an on-the-job injury or illness, there are several steps he/she must take if they want their medical care covered and to receive a check for a portion of their wages if their condition prevents them from working. In order for an employee to receive these benefits, they must first confirm that they are covered by their employer’s workers’ compensation insurance. Most employees in Oregon should be covered by workers’ comp, however, there are exceptions to when an employer is required to extend coverage to employees.
In an effort to help an employee who has suffered an on-the-job injury obtain workers’ comp benefits, below are the initial steps that must be taken.
Step 1: The employee must notify their employer that he/she suffered an injury at work.
If an employee is uncertain as to whether they are covered by workers’ comp, they should be able to confirm this when they inform their employer that they suffered an injury. It is extremely important for a worker to report their injuries as soon as possible as a delay in reporting an injury could lead to a denial of benefits.
Step 2: The employee will need to fill out Form 801 and return it to their employer.
An employee can either obtain Form 801 from their employer or they can click here to download it. This is where the employee where record basic information including, but not limited to:
- Their name
- Date of injury
- Date he/she left work
- The type of injury suffered
- The cause of the injury
Important: A worker’s employer is required to turn in Form 801 to their insurer within five days of being notified of the employee’s injury. Employees should confirm with their employer that the form was submitted to their insurer in a timely manner as they wouldn’t want anything to jeopardize their chances of obtaining workers’ comp benefits.
Step 3: Obtain medical treatment if necessary.
Typically, an employee would be required to seek medical care from an authorized health care provider, however, in emergency situations, they may be able to obtain health care from another physician and still have the care paid for by their employer’s insurer. When an employee seeks medical care after suffering an on-the-job injury, they should fill out Oregon Form 827 with their physician who is then required to submit it to the insurer within three working days.
Step 4: Wait for a response from the insurer.
Although the insurer will provide payments for care once it has been authorized by the employee’s health care provider for 14-day intervals, they will make a final decision as to whether the claim has been approved or denied. This can be a confusing time for an injured worker who is relying on coverage for medical treatment, therefore, if a worker has a question regarding the approval or denial of their claim, they should contact a Portland, OR workers’ compensation lawyer.
The Lawyers at Welch, Bruun & Green Can Answer and Address Questions and Concerns Relating to Workers’ Compensation
If an employee has a question regarding their workers’ comp benefits or feels as though their benefits ended too soon, they should contact Welch, Bruun & Green to discuss this with a workers’ comp lawyer in Portland, OR.
Welch, Bruun & Green is located at:
4380 SW Macadam Avenue, #120
Portland, OR 97239