PORTLAND and PENDLETON, Ore. While most worker’s compensation claims are processed in a reasonable timeframe, some individuals face challenges when they are injured on the job. According to the Oregon government, workers have important rights when they have been injured on the job. For instance, they have the right to make a claim without their employer’s obstructing them from doing so or without facing consequences for making a claim. Your employer is also required to send your claim to their insurance within five days of your reporting the injury. Your employer is not permitted to force you to file a claim or use force to prevent you from filing a claim. You also have the right to seek medical care from a doctor of your choice.
Despite these important rights, workers sometimes have problems with their claims. These issues can lead to denied claims and other difficulties. Here are some common problems with worker’s compensation claims:
- Employer or boss doesn’t know how to file a claim. Your employer should know how to make a worker’s compensation claim. They should also be able to help you with filling out the required forms.
- Late reporting. Failure to report a claim on time can result in a worker’s compensation claim being denied. In some cases, this is not the fault of the employee, but the employer. For this reason, it is important to document everything, including the day you report the injury to your employer. You may wish to send emails so that you have everything in writing. If your employer fails to report your claim on time, and your claim is denied, you have the right to seek the advice of a worker’s compensation lawyer. Contact the Law Office of Joel W. Baruch, P.C. in Irvine to learn more.
- Drug testing. Some employers subject their employees to drug testing when they have been injured. New federal laws make it illegal to subject workers to drug testing when their injuries are not related to possible drug or alcohol use. According to the Society for Human Resource Management, employers are not banned from using drug testing, but are prohibited from using drug testing to stop employees from reporting their injuries.
- Not following all instructions of doctor’s and employer. If your doctor recommends that you return to work with light duty, you must do so. If your employer has a return to work program in place, make sure you follow all instructions provided by your employer about how to access these resources.
- Confusion about how to access medical care. In Oregon, you are permitted to use a doctor of your choosing. Your employer is not permitted to tell you which doctor you can see.
While many worker’s compensation claims are filed, processed, and resolved in a reasonable timeframe and fashion, in some cases, workers face difficulties. If your claim has been denied, or if your employer is trying to prevent you from making a worker’s compensation claim, you may have important rights under the law. Visit joelwbaruch.com to learn more.