Uncategorized

construction worker

Dispelling Common Myths About Workers’ Compensation Benefits in Oregon

If you’re hurt on the job, you deserve to be compensated. However, many employees forego the workers’ compensation process, believing that it will create more trouble than it’s worth. Take a minute to learn about some common preconceived notions that are simply incorrect. Instead, you’ll find the truth about workers’ compensation benefits in Oregon.

The First Myth: It’s Discretionary

Many employee benefits are non-mandatory, including retirement plans, vacation allotments, and tuition reimbursements. But you’ll notice that workers’ compensation isn’t on this list. That’s because it’s not optional. Your employer is required by law to provide these benefits.

The Second Myth: It’s Fault-Based

Some workers believe that they won’t receive any compensation for injuries that they cause themselves. It’s important to remember that this is a myth—even if your injury was due to your own inexperience or inattentiveness. If you receive injuries during work hours, you have a case for workers’ compensation. Keep in mind, however, that this does not apply to incidents related to drug or alcohol use.

The Third Myth: It’s Grounds For Dismissal

If your boss attempts to let you go after you seek workers’ compensation benefits in Oregon, it’s crucial to consult a lawyer right away. This is an act of retaliation, and there are significant penalties for employers who engage in such a practice.

Reach out to the attorneys at Mark Thesing Inc. to learn more about workers’ compensation.

man undergoing physical therapy

What You Should Know About Vocational Rehabilitation

When an injury leaves you unable to resume your previous employment duties, vocational rehabilitation is available to help you. Vocational rehabilitation refers to the various services that assist people with returning to suitable employment after they are medically cleared to work.

These services include vocational assessments, new skills training, refresher courses, career counseling, employment searches, and more to help injured individuals find work that suits their ability.

Mark Thesing Inc. is available to consult with you when you need to discuss vocational rehabilitation in Oregon. There are resources you can use for vocational rehabilitation based on your circumstances, and we will give you the advice you need.

As vocational rehabilitation relates to your workers’ compensation claim, there are important things to keep in mind. While workers’ compensation covers tuition for skills training and lost time, it does not guarantee that you will be placed in new employment. Also, if you have accepted a lump sum settlement, workers’ compensation will not cover your vocational rehabilitation.

If you need legal advice regarding your case, our attorney is happy to speak with you. Our law firm is on the side of individuals who have been injured in the workplace.

 

work injury

You Can Often Appeal a Closed Workers’ Compensation Claim

If your workers’ compensation claim has been denied, Mark Thesing Inc. is here to review your options with you. Our workers’ compensation attorney in Oregon will carefully review your claim and advise you on how you can proceed in your particular case. When you feel your claim was unfairly closed, you have up to 60 days to appeal the decision from the date of the Notice of Closure’s mailing date.

There are a number of grounds on which you can appeal the closure of your claim. These include when your claim was incorrectly closed before it should have been, your temporary disability benefits were for an insufficient duration, your condition was medically stationary, your permanent disability award is not an adequate amount, and other situations.

Your appeal opens the reconsideration process, which is your last chance to submit new information and documentation supporting your reasons for the appeal. Make sure you have all necessary medical and employer documents that pertain to your case.

Remember, your final Order of Reconsideration may increase, reduce, or maintain your benefit amounts depending on your situation and the documentation you provide. If, however, you still disagree with the reconsideration, you can request a hearing with the Hearings Division of the Workers’ Compensation Board within 30 days of the order. If you need further information, our workers’ compensation attorney is here for you.

man applying for disability

Permanent Disability after a Workers’ Compensation Claim: What You Should Know

Serious job-related injuries can have a lasting impact on individuals. If you have sustained a severe injury that prohibits you from working, you may qualify for permanent disability in Oregon. In many cases, whether or not an individual qualifies for permanent disability will take some time to determine. The first step, though, is to seek medical attention and file your Workers’ Compensation claim through your employer.

Individuals who are eligible for Workers’ Comp will first receive temporary disability benefits while undergoing treatment by a doctor. Consideration for permanent disability does not begin until the doctor determines that an individual’s condition will not significantly improve with further treatment and that the workplace-related injury has left that individual with a permanent impairment.

The amount of time this process takes will vary from case to case. In some instances, insurance companies will award individuals total permanent disability benefits, while others will be eligible for partial disability payouts. If you require legal advice or assistance with your disability claim, Mark Thesing Inc. is here to schedule a consultation. Our law firm provides aggressive representation to help clients secure the compensation that they need.

 

law books

Can You Sue Your Employer for a Work Injury in Oregon?

Workers’ Compensation limits employer liability in Oregon by granting claimants benefits for lost pay, medical expenses, and other costs without having to prove that the employer is at fault. This no-fault system means that the employer cannot be taken to a jury trial, and benefits cannot cover the adverse effects of an injury to the employee’s life outside of work. In many instances, especially in cases of minor injuries without serious, long-term complications, this system protects both the employer and the employee.

However, there is an important exception to this rule. Until 2001, employers could not be sued in court even if they had denied an employee’s Workers’ Compensation claim. The Oregon Supreme Court decided in Smothers v. Gresham Transfer that individuals whose employer had denied their due coverage may take up the matter in the courtroom. In 2017, the Oregon Supreme Court ruled that employers cannot deny additional claims for the later effects of injuries that resulted from the same workplace incident.

If you have been injured on the job, you are entitled to Workers’ Compensation benefits. When your initial claim is denied, or your later claim is denied for effects that developed later, you need to consult with an experienced attorney. Mark Thesing Inc. is here to discuss employer liability and defend your rights.

work injury claim form

The Basics of Workers’ Compensation

Worker’s compensation is paid by an employer’s worker’s compensation insurance. If you, as an employee, become sick or are injured at work as a result of your job, you may be eligible to file a worker’s compensation claim. Some workers may worry that, depending on who is at fault, they may or may not be covered, but who is at fault is not necessarily as crucial as to whether your situation has occurred due to your work. It’s always best to consult a workers’ compensation attorney in Oregon.

What Every Employee Should Know

Most workers don’t think twice when they accept their employer’s worker’s compensation insurance payments, but they should. When an employee is injured at his or her workplace and has accepted the worker’s compensation insurance, they no longer have a right to sue their employer. In times past, before worker’s compensation insurance, people could not afford to sue their employers. A workers’ compensation attorney will tell you that this led to a law requiring every employer to provide worker’s compensation insurance to provide for lost wages and medical care for employees and protect employers from being continually sued. In most cases accepting your employer’s worker’s comp insurance is the best choice, as it protects everyone.

two construction workers on a ridge

Why Ankle and Foot Injuries Are So Common In Construction Work

Ankle and foot injuries in Oregon are caused by a variety of job-site hazards: falling objects, slippery surfaces, trips, and falls, or equipment malfunctions. According to the National Safety Council, in one year alone, construction workers had over 18,000 lower extremity injuries that caused days away from work in the private sector. Of that number, 4,500 were ankle injuries, and 3,620 involved feet or toes.

Your Most Used Body Part

The problem with construction work is that you spend a lot of time on your feet, causing ankle and foot injuries. Workers and employers need to make sure there is an excellent level of safety compliance. There also needs to be a culture in which people see safe working methods and adequate footwear as mandatory; as a natural part of work and doing business.

You Are What You Wear

Safety is critical, but with safety gear, comfort is also important. There are many challenges in the outdoor construction industry with finding appropriate footwear. Working in environments with so much walking, employees need something thats not only comfortable but will also protect them from ankle and foot injuries.

For construction employers, ensuring workers reduce the risk of foot or ankle injuries rests on creating a culture of safety, educating workers about hazards, and requiring everyone to wear proper footwear.