oregonworkerscomplaw

I Don’t Like the Doctor They Sent Me To. What Can I Do?

Fri, 17 Jun 2022 04:12:47 GMT

An injury at work can have a serious impact on your health. To recover fully from your injury, you’ll need excellent medical care from a doctor that you trust. But, what if you don’t like the doctor that the hospital or your employer sent you to?

In Oregon, you have options when it comes to your treatment after a work injury. However, the process of changing your workers’ compensation doctor can be complicated and confusing. With the help of an experienced workers’ compensation attorney , you can navigate the process and be confident that your best interests are represented.

Whether you need help filing a claim for a work injury or you’re ready to switch doctors, the Law Office of Michael J. Orlando is ready to assist you. Our attorney has years of experience in the insurance industry, having worked as an adjuster, auditor, and insurance company supervisor. Now, he works to help injured workers receive the compensation they deserve. The Law Office of Michael J. Orlando is proud to serve clients in Beaverton, Oregon, as well as Eugene, Salem, and Portland.

Who Chooses the Initial Doctor?

When it’s time to choose a doctor after a work injury, the law varies from state to state. In Oregon, you may go to an emergency room, an urgent care clinic, or your regular healthcare provider directly after the injury. However, if your claim is denied, then you and your health insurance provider will be responsible for the bills.

After you seek immediate treatment, in Oregon, you have the right to choose your own medical care provider. However, there is a condition on your choice if your claim is enrolled in a managed care organization. In this situation, you must choose an attorney who is part of your employer’s managed care organization network.

No matter what your situation is, make sure that you clearly communicate with your doctor that your injury happened while you were on the job.

Can I Switch Workers’ Comp Doctors?

You may feel that your workers’ compensation doctor isn’t taking your case seriously. Or, you may feel that the treatment your doctor prescribes isn’t effective at helping your recovery. In these situations, you will likely want to change your workers’ compensation doctor.

It may be possible to switch to a new doctor if you don’t like the doctor who has been treating you. The process of changing doctors for workers’ compensation can be complex.

You will most likely be allowed to request to change your attending physician or authorized nurse practitioner. However, your request may or may not be approved. Working with an experienced workers’ compensation attorney can help you increase your chances of having your request to change doctors successfully approved.

What About a Second Opinion?

It may be the case that you’d like to seek a second opinion from a different doctor before making any further decisions about your medical care. In Oregon, you may be able to get a second opinion. If your employer is enrolled in a managed care organization, it is likely that you will be able to seek a second opinion from another doctor within the network.

When you seek a second opinion, the doctor will evaluate your medical records, perform a one-time examination, and provide suggestions for your treatment. The doctor will also provide recommendations for your work restrictions and limitations.

A second opinion is especially useful if your original workers’ compensation claim was denied. However, you may have to pay for a second opinion. Speak with an experienced workers’ compensation attorney to learn more about how a second opinion would work with your employer.

How Skilled Advocacy Can Help

Recovering from a work injury takes up your time and energy. When your doctor isn’t providing the care you need, you may need a new medical care provider. A workers’ compensation attorney can help. At the Law Office of Michael J. Orlando, we leverage our years of experience in the insurance industry to help you. Our firm serves clients in Beaverton, Oregon, as well as Eugene, Salem, and Portland. Contact us today to schedule a free consultation.

What If My Workers’ Compensation Claim is Denied?

Tue, 26 Apr 2022 04:42:20 GMT

Workplace accidents can happen for any number of reasons, and when they do, it’s reassuring to know your expenses will be covered by worker’s compensation benefits. Workers’ comp insurance is required for the vast majority of Oregon employers and ensures that costs like medical bills and lost wages are covered by their plan. While many of these claims are straightforward, others can be more complicated, and you may be denied coverage. When this happens, you have every right to appeal this decision. If you’d like help with filing or appealing a recent workers’ comp claim denial, give us a call at the Law Office of Michael J. Orlando to discuss your options. From our offices in Beaverton, Oregon, we’re able to serve any injured worker throughout the State of Oregon.

Reasons a Workers’ Compensation Claim May Be Denied

If your claim was rejected, you must first determine the reason for denial. You may receive a workers’ compensation denial for a simple filing error such as submitting your claim after the statute of limitations has expired or failing to include sufficient evidence. In Oregon, you must report all injuries to your employer within 90 days of the accident, or if you’re suffering an illness or medical condition linked to your job duties, you have one year to submit a claim from the time you are first diagnosed with an occupational-related disease. You may also be denied if your employer disputes your request, claiming the injury or condition was either preexisting or didn’t occur at work. Lastly, some claims are denied if there were no witnesses to the accident that could corroborate your story.

Notice of Controversion

One specific type of (a non-Oregon) workers' compensation denial is called a Notice of Controversion of Right to Compensation (also called an LS-207 form). This is only for those who have worked for the U.S. military outside of the country under the Defense Base Act (DBA). These workers are entitled to compensation but will be covered under different provisions than other Oregon employees. A Notice of Controversion means your employer on the base is disputing your claim, and you’ll likely need a workers’ compensation attorney with experience working within the DBA to appeal.

Appealing the Decision

If you want to file an appeal to a workers’ compensation claim denial, you must appeal it within 60 days of its issuance date. The denials will contain all-cap, bold-faced language that will provide you with several methods to timely appeal it. This is the point you want to retain an attorney because the insurance companies all have attorneys working behind the scenes that you will never know about until the denial is formally appealed.

Accepting a Settlement

When you finally accept a workers’ compensation settlement offer, you should only do so after reviewing it with your attorney to ensure it meets all of your needs and will cover all of your expenses. It’s up to you whether or not to accept the offer—not your employer. Consider the long-term needs associated with your injury or disability and how likely the settlement amount will cover it all. You may wish to accept the offer to reduce stress and give you peace of mind knowing your claims process is over, but you may also be missing out on much-needed money if your condition worsens. The best way to address this is by discussing your options thoroughly with your attorney and doctor.

How Legal Counsel Can Help

Getting injured on the job can be the beginning of a long and stressful road. While you’re focusing on your recovery and providing for your family, the last thing you want to worry about is going back and forth with a claims adjuster. By calling the Law Office of Michael J. Orlando in Beaverton, Oregon, you’ll find comfort knowing you’re working with an attorney who only focuses on workers’ compensation cases and will be your advocate for pursuing the recompense you rightly deserve.

What Benefits are Available Through Workers’ Compensation?

Sat, 16 Apr 2022 05:05:52 GMT

Workplace accidents happen every day. Suffering an injury in the workplace can affect your future negatively. Worse yet, an injury could mean you can no longer work in the job you have experience in, all the while being riddled with medical bills.

At the Law Office of Michael J. Orlando, we diligently strive that you can get the best outcome for your future. Making a workers’ compensation claim is not easy to do, and having an experienced attorney by your side allows you the knowledge and support you need, with the same goals you have. We strive to get you the full benefits you deserve. Our comprehensive knowledge of workers’ compensation benefits has helped clients in Beaverton, Portland, Salem, Eugene, and throughout Oregon.

Workers’ Compensation Benefits in Oregon

There are many benefits to making a claim with Oregon workers’ compensation insurance. If the claim is accepted, they pay for medical treatment, lost wages, and more.

What Is Covered?

Not surprisingly, due to the range of injuries or accidents that can happen at work, workers’ compensation covers a wide variety of areas:

Medical expenses
Lost wages
Ongoing care costs
Funeral expenses
Replacement income
Costs for retraining
Compensation for any permanent injuries
Benefits to families of workers who are killed on the job

Am I Eligible?

By law, Oregon employers are required to carry workers’ compensation insurance or be self-insured if they have one or more employees, either full-time or part-time. There are some exceptions, such as police, firefighters, casual & domestic workers, and others, but the main goal of workers’ compensation insurance is to protect any and all workers in Oregon. Reach out to an attorney to see if you qualify.

Applying for Benefits

If injured at work, there is a strict protocol for filing for workers’ compensation benefits.

Reporting to Your Employer

The first step is to tell your employer about your work-related injury or illness right away. After that, you will fill out a “Report of Job Injury or Illness'' form and turn it in to your employer. Once informed of the injury, your employer has five days to report the incident to their workers’ compensation insurance carrier.

Seeking Medical Care

Next, you will most likely go to the doctor after your injury. Let your doctor know it is a work-related injury. Your doctor should help you complete the “Workers and Health Care Provider’s Report for Workers’ Compensation Claims” form. Your doctor should send this to the insurer within 72 hours of your visit to help file your claim. Your employer can not pay for medical costs out-of-pocket, and your doctor should not bill you.

Filing a Claim with the Insurance Carrier

Once the insurer has received your claim, they have 60 days from your employer’s knowledge of the claim to timely accept or deny the claim. You will be notified of the decision in writing, whether you’re accepted or denied. A “Notice of Acceptance” or denial letter – with an explanation for why it was denied – will be sent. If denied, you have the right to appeal the decision.

Appealing a Decision

If your workers’ compensation claim is denied by the carrier, you have the right to appeal the decision and have the State of Oregon review the decision.

Statutorily, to be granted an appeal hearing, you must file the request within 60 days of the written letter. The denial letter you received will include your rights for an appeal, and there will be an address provided – this is where you will send a letter requesting an appeal.

Claims are denied for a wide variety of reasons. These are some common reasons why your workers' compensation claim may have been denied:

Your injury did not occur while performing your job
Your injury was caused by a preexisting injury or condition
Dispute as to when or where the injury occurred
A health provider concluded you were not disabled as a result of your work injury
A dispute whether you sustained injuries at all

How Beaverton, Oregon Workers’ Compensation Legal Counsel Can Help

Workers’ compensation benefits are crucial to helping injured workers recover, both for their own sake and for their loved ones. When these benefits are denied, it can be discouraging. Our team at the Law Office of Michael J. Orlando has the experience and passion for representing the injured worker to seek the compensation that is deserved. Our Beaverton office proudly serves clients throughout Oregon. Contact our team today to set up your free consultation.

Dispelling Workers' Compensation Myths

Fri, 04 Mar 2022 05:38:39 GMT

Employees who are injured in a work-related accident are entitled to receive workers' compensation benefits, including medical bills, lost wages, and permanent disability due to their injuries. However, there are lots of collective popular opinions and false assumptions out there surrounding workers' compensation insurance claims in Oregon. Without experienced guidance, an employee could easily make irreversible mistakes or hurt their case inadvertently when pursuing their workers' compensation benefits.

At the Law Office of Michael J. Orlando, we have the diligence, skills, and resources to assist, guide, and represent clients in their workers' compensation claims. Our knowledgeable Oregon workers’ compensation attorney can enlighten you about the common misconceptions surrounding the state's workers' compensation system, explore your options to seek workers' compensation benefits, and explain how to maximize these benefits. Also, we will fight vigorously to protect your best interests and help you pursue your deserved compensation for your workplace injuries or diseases.

The Law Office of Michael J. Orlando is proud to serve clients across Beaverton, Oregon, and the surrounding areas of Portland, Salem, and Eugene.

Common Myths About Workers' Compensation Claims In Oregon

There are lots of false assumptions that surround the state's workers' compensation insurance claims. Due to this, workers' compensation attorneys need to take their time to educate clients about the process and what to expect when they file their claims. Here are some common myths and misconceptions about workers' compensation claims in Oregon and a brief explanation about why they are false:

Myth #1: I'm a remote employee, so I am not covered under workers' compensation.

Under state laws, both telecommuting and remote workers are generally covered by the workers' compensation insurance policy. Therefore, regardless of where you're working from, if your injury occurred during work hours – while completing a work-related task – you may be eligible for workers' compensation benefits.

Myth #2: I could be fired for filing for workers' compensation.

In most cases, injured employees are not required to claim workers' compensation on their taxes. You don’t have to pay taxes on the compensation you receive for your work-related injury or disease. Therefore, whether you received a lump sum settlement or wage loss benefits at weekly intervals, workers' compensation benefits are neither taxable nor reported.

Myth #3: I'm required to claim workers' compensation on my taxes.

Myth #4: I can't apply for a new job while on workers' compensation.

This is another common misconception. Under state laws, you are within your rights to change jobs or apply for new employment even while receiving workers' compensation benefits from your current employment. However, if you take another job, you will only be eligible for partial benefits.

Myth #5: Once a workers' compensation case is closed, it can't be reopened.

Reopening a closed workers' compensation case allows you to seek additional medical treatment or wage loss benefits for a job-related injury or disease. If your condition has deteriorated since closing your workers' compensation case in Oregon, you may be entitled to reopen your closed claim if:

Your medical condition deserves additional benefits.
Your worsening health condition is connected with your initial work-related illness or injury.
It is less than five years since the date of your injury (for a non-disabling claim) or that your claim was first closed (for a disabling claim).

Moreover, the form of settlement you signed may also affect your ability to reopen the closed workers' compensation case.

Myth #6: I can file for workers' compensation without the help of an attorney.

When filing a workers' compensation claim, it is crucial that you retain an experienced attorney . Your legal counsel will review the facts of your case, help facilitate the entire process, and attempt to maximize your worker's compensation benefits. Hence, you're strongly advised to retain an attorney when seeking your workers' compensation claims.

How the Law Office of Michael J. Orlando Can Help

Being injured or suffering a disease in your employment can be a difficult and emotional experience. Such an unfortunate incident can have a substantial impact on your mental, financial, and physical well-being. Thankfully, you may be eligible to seek fair compensation by pursuing workers' compensation benefits. An experienced workers' compensation attorney can educate you about the common misconceptions and myths surrounding the claims process and help you navigate crucial decisions when seeking your workers' compensation benefits.

At the Law Office of Michael J. Orlando, we are dedicated to offering knowledgeable legal guidance and compassionate representation to employees involved in work-related accidents. We will fight diligently to advocate for your legal rights and help you seek your rightful compensation for your injuries, lost wages, permanent impairment, and any other available damages.

Contact the Law Office of Michael J. Orlando today to schedule a simple case assessment with a trustworthy workers' compensation lawyer . We can offer you the experienced legal counsel, support, and vigorous representation you need to recover the workers' compensation benefits that you're entitled to. We're proud to serve clients across Beaverton, Portland, Salem, and Eugene, Oregon.

Can You Reopen Closed Workers’ Compensation Cases in Oregon?

Thu, 17 Feb 2022 05:46:54 GMT

If you’ve ever been injured in a work-related accident, you know that workers’ compensation will cover your medical expenses and any lost wages that are related to the injury. Most employers in Oregon are mandated by the state to carry this insurance for their employees, and by doing so, they ensure the safety and security of the workers as well as themselves since receiving these benefits means employees cannot pursue litigation. But what happens if your case has already been closed yet you still need treatment for your workplace injury?

If you’d like to know more about reopening your workers’ compensation case, call the Law Office of Michael J. Orlando to speak with an experienced attorney . We’re proud to represent and support workers in and around Beaverton, Oregon, and throughout the state, including the Portland metro area, Salem, and Eugene.

Reopening a Closed Case in Oregon

In most cases, your employer will still be responsible for covering the expenses related to a workplace accident even after your case has officially been closed. Usually, cases are closed once an individual is considered “medically stationary,” meaning a physician has determined their condition is unlikely to improve with any more treatment.

Reopening a closed case in Oregon is possible, but to do so, you must file a “claim for aggravation.” This is a state form that you can fill out at your doctor’s office that claims that your on-the-job injury has become worse or has been aggravated in some way and that further treatment is needed. However, there is a statute of limitations that applies.

In Oregon, if you want to reopen a closed case, you must do so within five years after your claim was first closed. If your injury becomes aggravated and needs attention after this time period, you may still be able to contact the insurer and see if you’re able to receive temporary disability compensation.

In some cases, however, reopening a closed case may be more difficult and you’ll need to enlist the help of an attorney. When an injury first occurs, some people may choose to reach a settlement agreement instead of receiving compensation for medical care, and if this is the case, it may mean that you’re ineligible for reopening your case. Typically with these situations, you’ll have to bring forward compelling evidence that you didn’t have knowledge of or access to before to warrant the reopening of your case.

Qualifying Reasons to Reopen a Case

There are a few reasons to reopen a closed case, but in all, you’ll have to provide medical documentation to support your case. If you can show that the injury you sustained while working has changed significantly since your original case was closed, you’ll likely be eligible to have it reopened.

Also, you may need to reopen your case if you found an error that needs to be corrected or if you have new evidence that you weren’t able to bring forward originally (or didn’t have access to). Lastly, you may need to reopen your case if you discover that your future ability to work has been severely diminished due to getting hurt at work.

How Legal Counsel Can Help

A skilled workers’ compensation attorney can help you with every step of a workers’ compensation case, whether you’ve just recently been injured or you were hurt in the past and are only now realizing that your injury was not completely treated. No one who was injured while performing their job duties should have to suffer needlessly just because their workers’ compensation case was closed too soon. More often than not, there are steps you can take to get the help you need.

Call the Law Office of Michael J. Orlando for help with all of your workers’ compensation issues. We proudly serve clients in and around Beaverton, Oregon, and throughout the state, including the Portland metro area, Salem, and Eugene.

Can I Apply for a New Job While on Workers' Comp?

Fri, 28 Jan 2022 06:18:54 GMT

If you have been hurt on the job, workers’ compensation may reimburse you for your medical bills and cover a portion of your lost wages. Many injured workers who receive workers’ compensation benefits are unable to return to their job until they recover from the injury. Some workers may want to apply for a new job while receiving workers’ compensation.

The problem, however, with seeking employment while on workers’ compensation is that it could potentially affect your benefits. That is why you need to consult with a workers’ compensation attorney in Beaverton, Oregon, to discuss how taking a new job might affect your benefits. At the Law Office of Michael J. Orlando, we help workers throughout Oregon—including Beaverton, Portland, Eugene, and Salem—navigate the workers’ compensation system.

Can I Apply for a New Job While on Workers Compensation?

While the answer to the question is technically “yes,” getting a new job while receiving workers’ compensation could affect your benefits. In some cases, applying for a new job could result in the loss of workers’ comp benefits, even if the employee is seeking employment with a different employer.

Under workers’ compensation law, workers must report their earnings to the insurance company that provides the benefits. If you go back to work and earn less than what you made before the workplace accident, the insurer may still compensate for the difference between the earnings. However, failure to notify the insurance company of your new job could result in the termination of workers’ compensation benefits. The insurer would assume that you are earning more or the same amount at your new job.

What Should I Do If I Find A New Job I Want?

Before applying for a new job, consider speaking with an experienced attorney to discuss the potential consequences of taking a new job while on workers’ compensation. You should also consult with your doctor to determine if the new job is something you can do given your medical condition. Your doctor should inform you of any restrictions or accommodations you may need to perform the duties.

Additionally, you are required to notify your employer’s workers’ compensation insurance company of the new position before you start working. Notify them of the job details, the expected earnings, and the date when you are expected to start working. The insurance company will most likely provide you with the necessary paperwork that you need to fill out and return to the company.

Penalties for Not Going Through the Proper Procedures

Going back to work or applying for a new job while on workers’ compensation is a tough decision to make. If you do not follow the proper procedures when taking a new job, you may face penalties. One of the requirements is to notify the insurance company of your new job and report your earnings. Failure to do so could lead to accusations of workers’ compensation fraud.

Misrepresenting your job status while receiving workers’ compensation benefits could be interpreted as fraudulent activity. People who commit workers’ comp fraud are subject to serious penalties, which include hefty fines or even jail time. Of course, penalties for workers’ compensation fraud depend on the facts of the case. Reach out to a skilled workers’ comp attorney in Beaverton, Oregon, if you are worried about failure to follow the proper procedures when applying for a new job.

How the Law Office of Michael J. Orlando Can Help

Navigating the workers’ compensation system can be complicated. Any mistakes you make while receiving workers’ compensation benefits could result in the loss of benefits. If you are considering applying for a new job or returning to work while on workers’ comp, our experienced attorney at the Law Office of Michael J. Orlando is here to help. Schedule a consultation with us to discuss your unique situation and understand your options.

Injuries That Qualify For Workers’ Compensation

Thu, 09 Dec 2021 06:26:01 GMT

You spend many hours of your life at work, making it very possible that one day you might suffer an injury while you are on the job. You may even develop an illness or disease because of your line of work. In any situation where an injury or illness happens due to your job, you can count on having medical bills because of it.

Paying for medical bills while taking time off work to recover from an injury is a stressful situation. Fortunately, Oregon law has established workers’ compensation benefits to protect employees in these circumstances. However, the process of filing a claim for workers’ compensation benefits is challenging.

The Law Office of Michael J. Orlando can help you navigate this difficult process. Attorney Michael J. Orlando spent more than a decade working as an insurance adjuster, auditor, and supervisor. Now, he has dedicated himself to putting that experience to work on the other side of the courtroom. The Law Office of Michael J. Orlando is proud to represent injured workers in Beaverton, Oregon, as well as Eugene, Salem, and Portland.

Workers’ Compensation Laws in Oregon

Workers’ compensation laws were developed to protect the worker if he or she is injured or develops a medical condition due to their job. Workers’ compensation provides financial compensation for various costs, such as payment for medical treatment, physical impairment, and lost wages resulting from a workplace injury.

Injuries That Qualify for Workers’ Compensation Benefits in Oregon

Generally speaking, there are two types of qualified injuries that will be covered by workers’ compensation benefits in Oregon.

The first type of injury is a sudden injury, such as a slip and fall. A strain from lifting a heavy object or an injury that was the result of an accident on the job (such as losing a finger) will also be covered in most situations.

The other type of injury is an occupational disease. For example, if you or a loved one developed cancer because of exposure to cancer-causing chemicals on the job, then your costs would be covered by workers’ compensation benefits. This also includes any medical condition that arises in major part (51% or greater) from your work activities such as repetitive trauma conditions like carpal tunnel syndrome, hearing loss, etc.

It’s also important to note that if you have a pre-existing condition, your doctor must establish that your injury was aggravated by your work. An experienced workers’ compensation attorney can help you determine whether your situation qualifies.

Injuries Not Covered

Some injuries will not be covered by workers’ compensation benefits. An injury will not be considered a qualified injury if the employee was:

Intoxicated
Under the influence of illegal substances
Engaging in illegal activities
Roughhousing/engaging in horseplay
Engaging in an act with the intention to cause the injury

An employee who has been laid off or fired cannot file for workers’ compensation benefits. You also cannot file if the injury happened while driving to or from work or if you were violating company policy, procedure, or protocol.

Benefits Available

If your injury qualifies for workers’ compensation benefits, you may be able to receive a variety of financial benefits, such as payment for medical treatment, physical impairment, and lost wages resulting from your workplace injury. The first step in receiving benefits is filing a claim. There are several types of benefits you can receive for a work injury.

Temporary Total Disability

Many injuries require that the employee take time off to recover. In this situation, you can apply for temporary total disability payments. The amount you will receive is two-thirds of your gross average weekly wages. The state sets a maximum amount for this type of disability payment each year.

Partial Disability

In a partial disability situation, the work injury caused the worker to be unable to return to their previous level of work. However, they can return to work at a level that matches the level of their disability. In this situation, you would receive temporary partial disability benefits. An experienced personal injury attorney can help you determine how much your partial disability benefits might be.

Vocational Rehabilitation

After an on-the-job injury, vocational rehabilitation or vocational assistance provides support to the worker to help them find a more suitable job after the injury. You may be able to receive this type of benefit after filing a claim.

Permanent Partial Disability

Sometimes an injury leaves a worker permanently disabled but still able to return to work. In this case, the worker will receive a permanent partial disability award.

It’s important to know that the amount of the award depends on two factors: the severity of your injury or impairment as well as the impairment rating assigned by your doctor.

Total Disability

In more serious cases, the injury causes the employee to be unable to return to work. This situation results in a permanent and total disability that prevents you from working in any capacity.

You will be able to receive two-thirds of your average wages for as long as you are unable to work. Know that about every other year, your employer will reexamine you to verify that your situation is the same.

Death Benefits

In the worst-case scenario, a worker may pass away due to an on-the-job injury or occupational disease or illness. If the insurer accepts the claim, then under Oregon law, the insurer must make monthly payments to the worker’s spouse, children, or other eligible beneficiaries. It’s also the law that the insurer must pay for funeral expenses.

How The Law Office of Michael J. Orlando Can Help

Recovering from an injury sustained at work takes time and medical attention. Workers’ compensation benefits can help you and your family during this challenging time. Attorney Michael J. Orlando will put his experience and his passion for representing the injured worker to work for you. The Law Office of Michael J. Orlando represents clients in Beaverton, Eugene, Salem, Portland, and other cities throughout the state of Oregon. Contact us today to set up your free consultation.

Workers’ Compensation & Third Party Claims

Tue, 07 Dec 2021 06:28:15 GMT

When a worker gets injured while performing their work duties, they may be able to obtain compensation for some of their expenses and losses by filing a workers’ compensation claim against the employer’s insurance. In some cases, however, a workers’ compensation claim may not be the only claim an injured worker can pursue to recover damages.

Depending on the circumstances of your work-related injury, you could be able to file a third-party personal injury claim. Each case is unique, which is why you should have a consultation with an experienced workers’ compensation attorney here in the Beaverton, Oregon area. At the Law Office of Michael J. Orlando, we represent victims of workplace accidents and help them pursue benefits through workers’ comp and third-party liability claims.

Work Injury Job Claim Options

If you were injured on the job, you might have the following compensation options:

Workers’ compensation . If your employer carries workers’ compensation insurance, you might be able to file a claim against your employer to obtain benefits. The advantage of filing a workers’ comp claim is that the injured worker does not have to prove that their employer was at fault for their injury. However, workers’ comp insurance only covers your reasonable medical bills and a portion of your lost wages.
A third-party claim . If someone other than your employer caused or contributed to your work-related injury, you could be entitled to compensation through a third-party personal injury claim. When pursuing compensation through a third-party claim, you are required to prove that the other party was negligent. The advantage of filing a third-party claim is that your compensation is not limited to medical expenses and loss of income.
Both . In some cases, an injured worker could file both a workers’ compensation claim against their employer’s insurance and a third-party claim against the negligent party. An example would be a truck driver who gets hit by a distracted driver while operating a truck in the course of employment.

The following workplace accidents may qualify for both a workers’ comp and a third-party claim:

A car accident that occurs while you are on the job . You are entitled to workers’ compensation benefits because the crash happened while you were performing your duties. You could also pursue a third-party liability claim against the other driver if the accident was primarily their fault.
Injuries caused by the use of defective equipment at work . If you were injured on the job while using defective equipment, you could pursue compensation through your employer’s workers’ comp insurance. In addition, you could file a product liability claim against the manufacturer of the defective equipment.
Injuries that occur on someone else’s property . If your job duties involve visiting residential or commercial properties, you might be able to file both a workers’ comp and a third-party claim if you get injured due to a hazardous condition on someone else’s property while performing your duties.

Who Can You File a Third-Party Claim Against?

Depending on the circumstances of your accident and injury, you could potentially file a third-party claim against the following parties:

Your Employer — Workers’ compensation does not always guarantee that the employer cannot be sued by the injured employee. You could file a lawsuit against your employer if you were assaulted by your employer, the employer’s conduct was grossly negligent, or your employer has no workers’ comp insurance.
Coworkers — If your coworker caused or contributed to your workplace injury, you could file a third-party claim against the negligent coworker.
Product Manufacturers — In workplace accidents that involve defective equipment, the injured worker could file a product liability claim against the manufacturer of the defective product as well as other parties in the chain of distribution (retailers, distributors, designers, etc.).
Property Owners — If you were injured by a hazardous condition on someone else’s property while performing your job duties, you could file a third-party claim against the owner or occupier of the property.

What Is Subrogation in Workers’ Compensation Cases?

If you are seeking compensation for your injury through both a workers’ compensation and a third-party claim, you need to understand what “subrogation” is and how it could affect your damages award. If you obtain workers’ comp benefits through your employer and then later receive compensation through a third-party claim, you will be required to reimburse your employer’s insurance company for the amount it paid you. This is known as subrogation.

While subrogation requires you to reimburse your employer’s insurer for the costs and expenses covered by the workers’ compensation insurance, you can keep the amount that was not covered by the workers’ comp insurance (e.g., pain and suffering).

Rely on Experienced Legal Guidance

Seeking compensation after a workplace accident can be a confusing process. If you were injured on the job, you need to understand all the compensation options that may be available to you. At the Law Office of Michael J. Orlando, our skilled team can review your unique case and determine if you have a valid third-party claim to maximize your recovery. We proudly represent accident victims and injured workers in Beaverton, Portland, Salem, and Eugene, Oregon.