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Injuries & Accidents: Workers' Compensation

A worker has the protection of laws that govern when he/she may present a claim for an injury which occurred during the course of employment. Those laws do not require the employee to prove that he/she was injured due to someone else's fault. The law provides medical treatment be covered as well as some protection for lost wages. In addition, workers' compensation can provide payment for injuries suffered. However, workers' compensation is a very different area of law than personal injury in that it does not allow a person to recover for pain and suffering. Instead, that person can recover for a disability rating that occurs as a result of a work injury.

The big issues to be aware of if you are injured on the job are:

Report the incident to a supervisor immediately.
Make sure that some type of written report is made, even if you have to write it up and hand it to your supervisor. Demand that the proper form be given to you for completion. Keep a copy of the report.
Find out about the doctors identified for workers' compensation claims. Each employer should have a list of doctors that you are allowed to see if hurt on the job.
Make sure you do what the doctor tells you. Get an extra copy of any doctor's excuses or work restrictions given.
Let the insurance company or SAIF know that you have a claim.
Be aware that you have 1 year to file a claim with the Oregon or Washington State Board or Workers' Compensation.

In some instances, a person can have a workers' compensation claim and a personal injury claim. One example would be where a person is involved in a car wreck during their work day that was caused by the negligence of another driver. Another possibility would be a worker injured by a defective product while on the job. As with other types of claims, it is important to preserve the evidence. You should consult with an attorney as soon as possible.

At Case & Dusterhoff, LLP, these types of cases are handled by Alex Golubitsky.