Aron Yarmo is a member of the Access to Justice Committee, of the Oregon State Bar’s Workers’ Compensation Section. The Access to Justice Committee has just completed a review of the State’s Workers’ Compensation information pamphlets and made recommendations to improve them to make sure injured workers can find a Workers’ Compensation Attorney. The Committee wants injured workers to know …
Has the Insurance Company Accepted All of Your Injuries?
Just because the Workers’ Compensation Insurer is paying all of your bills does not mean that they have accepted all of your injuries. It is common for an insurer to initially accept a minor condition such as a “back strain” or a “knee strain” even though you have an injury far worse than a strain or you have injuries to …
Your Doctor Must Update Your Work Release Monthly
The Workers’ Compensation rules require that your doctor submit a new “work release” detailing your work restrictions following every monthly doctor’s visit. In most cases, if you do not have your doctor submit a written “work release” every month, the insurer can stop paying your lost wages while you are recovering from your injury and unable to work. Your doctor …
Is the Workers’ Comp Insurer Paying You the Right Amount?
When you have to miss work because of your work injury, the insurer must pay your lost wages, referred to as “time loss” based on what you were earning at the time that you were injured. The general rule is that the insurer must pay you two-thirds of your average gross weekly wage. There are a number of different ways …
You Can Re-Open Your Claim After Your 5-Year Aggravation Period Ends
Insurers don’t usually tell you this, but you can re-open your Workers’ Compensation claim even after your 5-year Aggravation period ends. After your claim is closed and you receive your Notice of Closure, you have a 5-year period in which you can re-open your claim due to an aggravation or worsening of your accepted work injury. However, if your accepted …