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FAQ: "I got hurt on the job, now what do I do?"

This is one of the main questions we are asked by potential clients. Our answer is simple - file a claim.

There are two ways to file a claim: 1) Tell your employer right away about your injury and fill out an Oregon Form 801. You have the right to file a claim and your employer cannot deny you this right. 2) If you go to a doctor after being injured, tell your doctor you were hurt on the job. You and your doctor can then complete an Oregon Form 827.

It is very important that you fill out these forms accurately and promptly after an injury. We know that when an injury occurs, paperwork is usually the last thing on your mind. But this initial step is crucial to securing your workers' compensation benefits. It is also crucial that you communicate exactly what happened when you were injured to your doctor. A doctor who is immediately told how an injury occurred and understands the mechanism of injury is going to be in a good position to treat you and comment on your claim. The first chart note in a claim is often the most important.

Next, the employer must send your Form 801 to their insurer within 5 days of being notified of your injury. The insurer must accept or deny your claim within 60 days from the day you file the 801 form. The insurer will pay time-loss authorized by your doctor. You won't have to repay time-loss benefits if your claim is denied.

While filing a workers' compensation claim after an injury is relatively straightforward, sometimes claims are not so simple. For example, noise induced hearing loss usually occurs over a long period of time and there are sometimes numerous employers who are potentially responsible. A condition (like hearing loss) that develops gradually over time is called an occupational disease. Other forms of occupational diseases can occur from repetitive use or exposure to chemicals. Whether a claim is brought as an injury claim or a disease claim can significantly affect your chances of recovery. Because occupational disease cases can be very complicated, please give our office a call immediately so we can discuss your options. 

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