Employer responsibilities
and your rights Most
Oregon employers with more than 20 workers are required to return you
to your job or another suitable job after your doctor releases you to
work. The insurer will send you written notice that your doctor released
you to go back to work. When you receive this notice, you must ask your
employer for your job or another suitable job within seven calendar days
(sooner if your union contract or employer’s personnel policies require
it) or you will lose your right to be reinstated with your employer.
In most situations, your employer is required to reinstate you to the
job you had at the time you were injured. The reinstatement usually applies
for up to three years from your date of injury. It does not apply if your
physician certifies that you are unable to return to regular work, if
you are eligible for and participate in vocational assistance, if you
refuse to accept a modified job during your recovery period, or if you
go to work for another employer after your doctor states you can return
to work.
If you have questions about your reinstatement
rights or believe you have been unfairly treated by your employer because
of your injury, call the Bureau of Labor and Industries at 503-731-4075
(Portland area) or 541-686-7623 (outside the Portland area).
Modified work If your employer offers you modified work, the job duties
must be in writing and approved by your doctor. Contact your doctor to
find out if you are physically able to do the job. If you find you cannot
do the job due to your injury, contact your doctor immediately. If your
modified work pays less than your job at the time of injury, you will
receive time-loss checks (TPD) to make up part of the lost wages. If your
doctor says you can do modified work, you must accept the job or your
time-loss benefits (TTD) will be reduced or stopped. You may refuse a
modified job without ending your time-loss benefits if the job is not
with the employer at injury or at a job site of the employer at injury,
or your doctor says you are physically unable to commute to the job site.
Employer-at-Injury
Program The Employer-at-Injury Program (EAIP) helps you stay
on the job or get back to work with the employer at injury. It provides
monetary incentives to your employer. For more information on the Employer
at Injury Program, visit the EAIP portion of this Web site, or contact
the Workers’ Compensation Division at 503-947-7588 in Salem, or toll-free
1-800-445-3948.
Preferred
Worker Program - overview If you are unable to return to your old job and have
a permanent disability you may be eligible for the Preferred Worker Program.
The Preferred Worker Program helps you get back to work by providing incentives
for you to offer to an employer. For more information about the Preferred
Worker Program, go the Preferred
Worker Program portion of this site or contact the Workers’
Compensation Division at 503-947-7588 in Salem, or toll-free 1-800-445-3948.
Oregon employers post job openings on WCD's Web site for Preferred Workers.
Employers who have posted jobs know about the Preferred Worker Program
and by posting their job openings, they are saying they would like to
use program incentives and hire preferred workers.
Vocational
Assistance Vocational assistance includes help with job placement
and training. You may qualify for assistance if all of the following are
true: you have a permanent disability, you cannot return to your regular
job or another job that pays at least 80 percent of your wages at the
time of your injury or aggravation, and you are authorized to work in
the United States.
Within
35 days after you become medically stationary, the insurer will determine
if you are eligible for vocational assistance and notify you of its decision
in writing. Contact the insurer if you need help getting back to work.
If you still have questions, you may call the Workers’ Compensation
Division’s Salem office, (503) 947-7585 or toll-free 800-452-0288.
The Workers’ Compensation Division also has a Medford office, 541-776-6032
or toll-free 1-800-696-7161.
Sometimes a disagreement occurs regarding your vocational assistance plan. A brochure of the vocational assistance dispute resolution
process is available to help you:
Resolving Your Dispute –
An overview of the vocational assistance dispute-resolution process.
Vocational Service Providers A List
of Vocational Service Providers authorized by the Department of
Consumer and Business Services to provide return-to-work help to injured
workers is available on this site.
If you have questions about the information contained in this document, please contact
Benefits & Certifications Unit, 503-947-7585.
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