Filing
a claim with your employer
Tell your employer right away about your injury. Ask your employer for
an Oregon Form
801, Worker’s and Employer’s Report of Occupational Injury or Disease/Illness
if you want to file a workers’ compensation claim (for medical costs, lost wages,
and permanent disability, if any). It is your right to file a workers’ compensation
claim. You also have the right to not file a claim. No one else should make these decisions
for you.
Filing a claim
through your doctor
If you go to a doctor after being injured, tell your doctor you were hurt
on the job. You and your doctor should complete Oregon Form
827, Worker’s and Physician’s Report for Worker’s Compensation Claims.
Doctors and hospitals are required to report job-related injuries to your employer’s
workers’ compensation insurer (the company from which your employer has purchased workers’
compensation insurance) within three working days.
Your employer’s responsibilities
Your employer must send your workers’ compensation claim (Form
801)to their
insurer within 5 days of being notified of your injury. It is illegal for employers to do
anything to keep employees from filing injury claims. Employers must not make employees sign
statements agreeing not to file a claim. They must not require you to say the injury occurred
somewhere other than at work. They cannot pressure you to not file an injury claim form by
agreeing to pay the medical bills. They must not require employees to sign up as independent
contractors, partners, or corporate officers for the purpose of avoiding workers’ compensation
requirements.
The
insurer’s responsibilities
The insurer must accept or deny your claim within 60 days from
the day you file the 801 form claim with your employer.
If
your claim is accepted, the insurer will send you a “Notice of Acceptance.”
This notice will list the medical conditions accepted for coverage by the insurer. If you
believe that a condition has been left off the notice, or the notice is otherwise incomplete
or incorrect, you must notify the insurer of the error in writing.
If your claim is
denied, the insurer will tell you about your appeal rights in the denial letter they
send to you.
The insurer will
pay time-loss
authorized by your doctor. You won’t have to repay time-loss benefits if your claim
is denied. However, if your claim is denied within two weeks of the date you reported the
claim to your employer, you will not receive time-loss payments.
