Were you hurt on the job? We are here to help.
If you believe you were injured at work or suffer from an illness because of your job, tell your employer as soon as possible. Injured workers in Oregon have the right to file a claim, seek medical care, and access benefits for time off.
For more information, read “What happens if I’m hurt on the job?” (1138 brochure). It is also available in Spanish and Russian.
You can also see the brochure in video format in both English or Spanish.
The workers’ compensation industry has a language of its own. Have a look at Oregon workers’ compensation terms and abbreviations to help clarify.
You have a right to choose your own medical provider. If your claim is enrolled in a managed care organization (MCO), you can still choose your own doctor within the MCO.
- Your employer and insurer cannot require you to seek care or direct your care to a specific provider.
- You may go to your regular health care provider, an urgent care clinic, or a hospital emergency room, depending on the extent of your injury.
- Tell the medical provider it is an on-the-job injury.
When you sign Form 801 “Report of Job Injury or Illness” and Form 827 “Worker’s and Health Care Provider’s Report for Workers’ Compensation Claims,” you are authorizing health care providers and other custodians of the claim records to release relevant medical records. Other custodians include the workers’ compensation insurer, self-insured employer, claims administrator, and the Oregon Department of Consumer and Business Services. Your medical provider is responsible for sending the Form 827 to the insurer.
- Your employer is not entitled to your medical records.
- Your employer, insurer, or their representative cannot accompany you to your doctor’s appointments without your written consent.
WORKER RIGHTS
- You have the right to file a workers’ compensation claim.
- Your employer cannot force you to not file a claim.
- Your employer cannot force you to say your injury did not happen while working.
- Your employer cannot force you to work as an independent contractor, partner, or corporate officer to avoid filing a workers’ compensation claim.
- Your employer must send your claim (Form 801) to its insurer within five days of being notified of your injury.
- You have the right to seek medical treatment. This may be your own doctor or a doctor of a managed care organization (MCO), depending on your employer’s workers’ compensation insurance policy.
- You have the right to return to work if you are released for work by your doctor.
- If you are partially or totally disabled due to your injury, you have the right to disability (time-loss) pay.
- If you do not agree with the insurer’s decision about your claim, you have the right to appeal the decision.
- You have the right to be represented by an attorney at no cost for attorney’s fees.
WORKER RESPONSIBILITIES
- Read all letters and notices about your claim.
- Pay attention to all appointments, time limits, and dates.
- If you fail to take action or if you miss a deadline, you may lose your rights to workers’ compensation benefits.
- Keep copies of all letters you send and receive.
- Keep all medical appointments.
- Contact your employer immediately when your doctor releases you for work.