Steps to Take Following a Workplace Accident
Some workers’ compensation cases require aggressive legal counsel, although this is not always the case. Still, it is always advised to work with a personal injury law firm who can provide the legal advice you need after any accident that has caused catastrophic injuries. A lawyer can outline the steps that are necessary to take, which are as follows:
- Tell your supervisor or employer as soon as possible: You must notify your employer as soon as possible after the accident. Informing your employer will ensure that they file insurance claims with their provider right away. To inform your employer, fill out Form 801, which your employer should file with the insurer within five days of receiving it.
- Seek medical treatment immediately: It is always important to seek medical treatment after any injury to ensure that your safety and well-being are preserved. Seeing a doctor after a workplace injury will also ensure your injuries are properly documented, making it harder for the insurance company to deny, delay, or reduce your claim. Oregon law states that your employercannot choose your doctor for you<, but if they belong to a managed care organization (MCO), you may be required to seek treatment from a physician within that organization. The compensation that we help you receive will be to help pay for those medical bills.
- Follow restrictions strictly: After you receive treatment, your doctor will likely place certain restrictions on you. They may put you on lighter duty, or tell you that you cannot return to work for a certain amount of time. It is imperative that you follow these instructions closely. If you do not, the insurer will argue that you unnecessarily exacerbated your injuries and use this to deny you the compensation you need for your injuries.
- Speak to a Gresham Personal Injury Attorney:When dealing with your own personal injury cases, it’s important to work with an experienced attorney to ensure you receive the full benefits you deserve. If you have not worked with an attorney and your claim is denied, it is even more important to contact an attorney. A lawyer can help you file an appeal, but you only have 60 days to appeal the decision so speak to an attorney right away.
It is important to note that not all workplace accidents result in acute injury. If you have suffered a repetitive stress injury over time, you can also file a claim for workers’ compensation benefits. You have only one year from the date of your doctor visit to file this claim.
Things to Know About Workers’ Comp Claims
If you are wondering if you are entitled to workers’ comp, below are some things you need to know:
- You likely have the right to workers’ comp: The majority of employers in Gresham, and throughout Oregon, are required to carry workers’ compensation insurance. If your injuries were sustained while you were performing your duties of employment and you are classified as an employee, you likely have the right to workers’ compensation benefits.
- You cannot be terminated for filing a claim: In Oregon, it is illegal for employers to fire employees in retaliation for the injured worker filing a workers’ compensation claim.
- You must be completely honest: If any part of your claim is deemed as fraudulent, it will be denied. Unfortunately, insurance companies use small mistakes as evidence of fraud, so it is important to work with a lawyer who can help with your claim.
It is important to note that not all workplace accidents result in acute injury. If you have suffered a repetitive stress injury over time, you can also file a claim for workers’ compensation benefits. You have only one year from the date of your doctor visit to file this claim. Make sure to get the best legal services as soon as possible so they can help you file your claim.
Get Legal Representation for Your Injury from Our Workplace Accident Lawyer in Gresham Today
If you have been hurt while on the job, our Gresham workplace accident lawyer at Johnston Law Firm can help with your case. Our seasoned attorney can advise on the types of compensation you are eligible for and help you obtain the full benefits or personal injury settlement you deserve. Call us now at 503-389-6103 or contact us online to schedule a free consultation.
The Johnston Law Firm, LLC proudly represents clients in all cities and counties in Oregon: Portland, Gresham, Milwaukie, Lake Oswego, Tigard, Beaverton, Hillsboro, Multnomah, Washington, Clackamas.
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