Oregon Notice of Work-Related Injury and Claim for Worker's Compensation

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Description

Some state worker's compensation acts also provide that a formal claim for compensation be made, either to the employer, the compensation board, or to the state commission board with notice to the employer that the claim is being made. This claim or notice of claim is different from the notice of injury and is governed by a different, and sometimes longer, statute of limitations. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Under Oregon's workers' compensation laws, a person cannot be retaliated against for reporting a workplace injury and for filing a workers' comp claim. Additionally, a person cannot be terminated from their position simply because they are receiving continued workers' compensation benefits while they recover.

The general rule is: it is wrongful to discharge an employee for fulfilling a societal obligation or asserting rights directly related to his or her role as an employee that are guaranteed by contract, statute, constitutional provision or a public policy.

An employer that fires you or discriminates against you in any way because you filed a claim for workers' compensation benefits violates state law. Oregon law makes it an unlawful employment practice for employers with six or more employees to discriminate against you for filing a workers' compensation claim.

Your employer must send your workers' compensation claim (Form 801) to its insurer within five days of being notified of your injury. It is illegal for employers to do anything to keep employees from filing claims.

Workers' compensation insurance pays benefits if you suffer from an injury or disease in your employment. It pays for medical expenses for your accepted conditions. It provides compensation when you lose time from work. It provides compensation if you suffer a permanent disability.

Complete Form 801, ?Report of Job Injury or Illness,? available from your employer and Form 827, ?Worker's and Health Care Provider's Report for Workers' Compensation Claims,? available from your health care provider.

If you quit your job while receiving time loss benefits, or are fired for reasons unrelated to your injury, the insurer may stop paying you. The insurer must mail your first time loss check within 14 days of its notice that you are missing work with a doctor's note.

Oregon has no time limit on how long a worker can collect compensation, or what is more frequently referred to as lost wages, time loss, or temporary disability payments. There are requirements to obtain such compensation.

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Oregon Notice of Work-Related Injury and Claim for Worker's Compensation