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In most cases, employees are not allowed to sue their employers for a work-related injury, but they are entitled to compensation from the Workplace Safety and Insurance Board (WSIB). In some cases, the WSIB may turn down further compensation for an injured worker for a variety of reasons.
You normally have to make a personal injury claim within three years of the date of accident or the date of diagnosis for your illness. Some people refer to this time limit as the limitation period and it's very important that you don't wait too long before starting your claim.
Is Oregon a monopolistic state for Workers' Compensation? No. Workers' Compensation coverage in Oregon can be purchased through agents or brokers licensed to sell business insurance within the state, or through online portals such as CoverWallet.
The Workers' Benefit Fund (WBF) assessment funds return-to-work programs, provides increased benefits over time for workers who are permanently and totally disabled, and gives benefits to families of workers who die from workplace injuries or diseases. In 2021, this assessment is 2.2 cents per hour worked.
To claim against your employer, you need to be able to prove they acted negligently, causing your injury or illness. Suffering from a work-related injury or illness can be traumatic for even the most capable individuals, especially if the injury was not your fault.
If you get injured, contract a disease or die while working, you or your dependants can claim from the Compensation Fund. The fund pays compensation to permanent and casual workers, trainees and apprentices who are injured or contract a disease in the course of their work and lose income as a result.
If it's an emergency, call 911 or go to an emergency room right away. Tell the medical staff that your injury or illness is job-related. If you can safely do so, contact your employer for further instructions. If you don't need emergency treatment, make sure you get first aid and see a doctor if necessary.
In a nutshell, your employees are responsible for: Taking reasonable care of their own health and safety. Co-operating with you (their employer) and following instructions. Not putting others in danger.
The general rule is that the employee must be acting within the course and scope of employment for an employer to be held liable. If an employee causes an accident or injury while doing his or her job, acting on the employer's behalf, or carrying out company business, then the employer will usually be held liable.
When an injury occurs If it is a serious injury, illness, dangerous incident or death, you must immediately notify SafeWork on 13 10 50 and call your workers compensation insurer within 48 hours.