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If you are an employee that has been hurt on the job, you may have a right to claim workers’ compensation. A successful workers’ compensation claim can help you recover your medical expenses as well as a portion of your lost income. Slip and fall accidents, falling objects, fires, auto accidents, and more are just a few ways in which employees become hurt while they are on the job.
The days, weeks, months, and potentially years after a workplace accident may be impacted by your injuries. Along with workers’ compensation, you may also be able to file a personal injury claim against a negligent party to also recover compensation.
To successfully claim any type of compensation, there are certain steps you should take following a workplace accident. One of the first of these is to contact a Gresham personal injury lawyer who can help you claim the full compensation that is justly yours.
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.
Don’t miss out on these common personal injury mistakes.
What Are We
Able To Be Compensated for?
Of course, one of the most common questions asked by injured employees is the type of compensation they can recover through a workers’ compensation claim. The benefits available if you are successful with your claim include:
- Medical expenses: You can recover any medical expense incurred as a result of the workplace accident. This can include doctor’s appointments, hospitalizations, prescription medication, and more. To claim the total appropriate compensation you need, it is important to have strong medical documentation that outlines the accident and the subsequent injuries that resulted.
- Lost wages: If you lose time from work, you will also lose the wages you could have earned. Workers’ compensation allows you to claim a portion of these wages, as well. You must successfully prove the wages you have lost, which generally involves collecting documentation such as pay stubs and other employment records. You can recover approximately two-thirds of your lost wages through a workers’ comp claim.
Our lawyer can advise on the full benefits you are entitled to claim through workers’ comp. If someone else caused your injuries, and they are not connected to your employer, you may be able to file a personal injury claim directly against them. For example, if you were in your car but still on the job and you were in an accident, you can file a claim against the negligent party.
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.
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– Michelle E.
Mr. Johnston and his firm were incredibly thorough in getting us a fair settlement from our insurance company with little to no pressure. We really appreciated having someone who truly cared about us every step of the way. I would highly recommend the Johnston Law Firm to anyone in need of personal injury representation.
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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If you have been seriously injured at no fault of your own, please contact us using the form.
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