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How Does Workers’ Compensation Protect You in a Construction Accident?

Posted on March 28, 2022 in

If you are injured in a construction accident, you may be eligible for a workers’ compensation claim. Most employers in Oregon must provide this coverage to employees, which provides benefits for medical care and wage replacement. 

If you are hurt on the job, a workers’ compensation claim can provide important benefits to aid in your recovery. However, you will need to consult with an Oregon construction accident attorney who can guide you through the process.

Who Is Eligible for a Workers’ Compensation Claim?

Under Oregon law, all employers must carry workers’ compensation coverage if they employ at least one full-time or part-time employee. Employers are exempt from this rule if they have less than $500 on their payroll.

Most construction employees are covered by workers’ compensation insurance. You are eligible for compensation regardless of fault, but you will need to prove that the accident occurred while you were working. 

Benefits Available in Oregon Workers’ Compensation Claims

Through an Oregon workers’ compensation claim, you can recover benefits to pay for necessary medical care related to your workplace injury. Depending on your needs, you can secure compensation for doctors’ visits, surgeries, physical therapy, medications, and many other types of treatment.

You could also recover disability benefits if you are unable to work after a construction accident. 

  • Temporary Disability Payments: These payments apply if you are temporarily unable to work because of your injury. For every week that you are incapacitated, you will receive two-thirds of your gross average weekly wages, up to an amount set by the state.
  • Permanent Partial Disability Payments: Sometimes, a workplace injury results in permanent impairment but you are still able to return to your job. In these situations, you could receive permanent partial disability payments. Your award will depend on the severity of your injury and an impairment rating, which your doctor will assign.
  • Permanent Total Disability Payments: You could recover permanent total disability payments if you are unable to work in any capacity following your injury. Your award will equal two-thirds of your average wages for as long as the disability lasts. You will need to receive an annual exam to confirm that you are still unable to work.

How to File a Workers’ Compensation Claim in Oregon

If you are injured in an Oregon construction accident, you will need to take careful steps to initiate your workers’ compensation claim and meet state filing requirements.

  • First, notify your employer of your injury as soon as possible. You must provide notice within 90 days of the accident. Your employer must notify his or her workers’ compensation insurer within five days of receiving notice. 
  • Next, seek medical attention and inform your doctor that you were injured at work. You and your doctor will complete Form 827. Your physician must send this form to your employer or insurer within three days.
  • Then, ask your employer for Form 801 so that you can report your workplace injury. You will need to complete this form and send it to the insurer.
  • Your employer has 60 days from receiving notice of your injury to accept or deny your claim. If your claim is denied, you could pursue an appeal.

Navigating the aftermath of a construction accident can be a challenge. If you plan on filing a workers’ compensation claim, you need an attorney on your side who can guide you through the process. Contact a Portland construction accident lawyer as soon as possible following your accident to discuss your legal options.