What if I Lost My Job Due to an Accident or Injury in Oregon?

Suffering an injury can be overwhelming, especially if it jeopardizes your job and financial stability. In Oregon, workers have legal protections that can help safeguard their employment and provide compensation for lost wages and medical expenses. Whether your injury occurred at work or elsewhere, understanding your rights is crucial in preventing wrongful termination and securing the benefits you’re entitled to. This guide outlines the steps you should take immediately after an injury, the legal protections available, and the potential compensation you may be eligible to receive.

Immediate Steps to Take After an Injury

If you’ve been injured and are concerned about your job security, taking immediate action can help protect both your health and employment rights. Document all communications with your employer, including:

• Written notices about your injury
• Medical leave requests
• Accommodation discussions
• Return-to-work plans
• Performance reviews before and after injury

Maintaining detailed records of these interactions can prove crucial if you face workplace discrimination or wrongful termination due to your injury.

Understanding Your Rights After a Work-Limiting Injury

Oregon law provides several protections for employees who become injured and cannot work. The Family and Medical Leave Act (FMLA) and Oregon Family Leave Act may protect your job while you recover from serious injuries. These laws typically apply to larger employers and require that you meet specific eligibility requirements.

Additionally, if your injury occurred at work, workers’ compensation laws provide important protections. Under Oregon Revised Statutes Chapter 656, you cannot be fired solely for filing a workers’ compensation claim.

When Can an Employer Legally Terminate You for a Non-Work Injury?

Oregon is an at-will employment state. This means your employer can fire you for any legal reason. However, if you’re hurt outside of work, you still have legal protection. The Americans with Disabilities Act requires employers to make reasonable changes to help injured workers do their jobs.

Does your employer have 25 or more workers? If so, the Oregon Family Leave Act can protect your job for up to 12 weeks when you have a serious injury. After this leave ends, your employer can legally let you go if you can’t return to work or if they can’t adapt your job to match your limits.

Your employer must follow their own medical leave rules. They must treat your injury the same way they treat other workers with similar health issues. They cannot fire you just because you got hurt or have a disability. 

Legal Options Beyond Workers’ Compensation

While workers’ compensation provides important benefits after a workplace accident, it may not be your only option. If your injury resulted from someone else’s negligence, you might have grounds for a third-party personal injury lawsuit. This could include cases involving:

• Vehicle accidents while working
• Dangerous property conditions
• Defective products
• Third-party negligence at work sites

These claims often provide more comprehensive compensation than workers’ compensation alone.

Types of Compensation Available

When an accident or injury leads to job loss, understanding the full scope of available compensation is crucial. If you file a third-party lawsuit, you may be entitled to:

• Lost wages and benefits
• Future earnings
• Medical expenses
• Rehabilitation costs
• Pain and suffering
• Job retraining expenses

The specific compensation available depends on factors such as:

• The cause of your injury
• Who was at fault for the injury
• Whether it was work-related
• Your employer’s actions related to your termination
• The extent of your damages

Every case is different. When an accident or injury leads to job loss, a careful legal review of your situation is crucial to understanding what damages are available and who is responsible.

Long-Term Impact Considerations

When evaluating your case, it’s essential to consider the long-term impacts of your injury:

• Career advancement opportunities lost
• Reduced earning potential
• Need for ongoing medical care
• Cost of career changes or retraining
• Impact on retirement benefits
• Long-term disability considerations

Understanding and documenting these long-term impacts is crucial for building a comprehensive case that protects your future interests.

Protecting Your Financial Future

When an injury keeps you from working, you face immediate and long-term financial problems. Oregon law offers several ways to protect workers like you. If you’ve lost your job due to an accident or injury in Oregon, don’t navigate this challenging situation alone. Tillmann Law Personal Injury Lawyers will work tirelessly to help you secure the compensation you deserve and protect your financial future.

Contact Our Personal Injury Attorneys in Portland at Tillmann Law Personal Injury Lawyers

If you were injured in an accident in Portland, OR, please contact our Portland personal injury lawyers at Tillmann Law Personal Injury Lawyers to schedule a free consultation today.

We proudly serve all throughout Multnomah County in Oregon. Visit our office at:

Tillmann Law Personal Injury Lawyers
101 SW Main St. #1905
Portland, OR, 97204
(503) 773-3333
Hours: Open 24/7