Common Questions

What do I get?

Do I need an attorney?

My claim has been denied, what should I do?

How much does it cost to hire a work comp attorney?

Can I settle and cash-out my work comp claim?

The Insurer has accepted my claim as a strain, but I have a more serious injury. What is going on?

The Insurer has denied my claim based on an Insurerís doctor examination (IME) and my doctor does not seem to have the time or patience to fight with the Insurer, what should I do?

The Insurerís doctor says that the major cause of my injury is degeneration or arthritis. Is this correct and how do I overcome this in court?

I am not in the Portland, Oregon, metro area. Can I use an attorney from another area?

What do I get?

An accepted work comp claim entitles a worker to four possible benefits. The four benefits are (1) medical care, (2) time loss, (3) vocational rehabilitation, and (4) payment for permanent partial disability.

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Do I need an attorney?

Generally no. There are two times when you need an attorney: if your claim has been denied or if you have had a serious injury.

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My claim has been denied, what should I do?

Hire an experienced work comp attorney. He will take your case to court and hopefully win.

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How much does it cost to hire a work comp attorney?

Nothing. A work comp attorney is only paid by the opposing insurance company and only if he wins your case.

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Can I settle and cash-out my work comp claim?

Yes. There are several forms of settlement and an attorney will be able to negotiate a settlement where you get money in exchange for allowing the Insurer to close benefits. If you would prefer to cash Ė out your benefits rather than take your benefits, then an attorney can facilitate such a settlement. It is very common.

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The Insurer has accepted my claim as a strain, but I have a more serious injury. What is going on?

This is a very common problem. A strain is a very small claim which entitles you to medical care for about two months and you will receive nothing more. If you have a more serious condition, such as a bulging disc or a tendon tear, you need to write (or have your attorney write) a letter requesting that the Insurer accept the more serious condition. Then the Insurer has 60 days to accept or deny the condition.

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The Insurer has denied my claim based on an Insurerís doctor examination (IME) and my doctor does not seem to have the time or patience to fight with the Insurer. What should I do?

You can inform your doctor that you will not suck him into a work comp case because all you need a letter from him of non-concurrence. With this non-concurrence, you have the right to get a free medical opinion. This is called a WRME.

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The Insurers doctor says that the major cause of my injury is degeneration or arthritis. Is this correct and how do I overcome this in court?

This is the main defense of the Insurer and it is a legitimate defense. Statistically it works about half the time, but it can be overcome by a persuasive medical opinion. A persuasive medical opinion is one that explains its reasoning. Some examples of persuasive reasoning are as follows: analyzing the physical mechanics of the injury, considering the temporal aspect of the injury, reviewing the surgical findings or medical images, consulting medical literature and considering other non-work factors.

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I am not in the Portland, Oregon, metro area. Can I use an attorney from another area?

Yes. All work can be done by phone, fax, or email.

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© 2010 Copyright Mark Thesing