Posts made in October 2021

The first hurdle you will face with worker’s compensation claims is the work-related requirement. You must prove that the injury or illness was connected to your job. Benefits for medical care under worker’s compensation in Oregon only apply with proof of on-the-job injury.

Covered injuries can include:

Occupational Illness

Illnesses and diseases employees develop on the job are generally covered. Black lung from coal mining, asbestos exposure, and COVID-19 are all potential claims.

COVID-19

If you contracted COVID-19 or were exposed at work, you might be eligible for benefits. You would have to prove that your job presented a special risk beyond that of the general public.

Repetitive Motion & Overuse Injuries

Repeatedly performing the same physical tasks can result in strains and injuries. Worker’s compensation benefits typically cover them, but you will need to provide evidence.

Pre-Existing Conditions

Pre-existing conditions don’t automatically mean your injury is not covered. If your work aggravates the condition, you may be eligible for worker’s compensation.

Hearing Loss

Several jobs can damage hearing and benefits often cover deafness attributed to work.

Stress-Related Injuries

Long-term stress and its connection to physical illness are becoming more recognized. However, it is still challenging to prove the correlation to receive worker’s compensation benefits.

Stress Resulting from Work-Related Physical Injuries

The toll a physical injury takes can affect an individual’s mental and emotional state. Benefits may include “compensable consequence,” meaning the injured employee is eligible for treatment and other benefits.

When it comes to worker’s compensation, employer negligence is often a primary consideration. Should an employer take no action or apply the incorrect action to ensure employee safety, they could be held liable if an accident occurs.

Employer liability in Oregon must first be proven based on four elements:

That the employer owed them a duty of care
That there was a breach of duty
That the claimant suffered an injury because of the breach
The injury to the plaintiff was a reasonably foreseeable consequence of the breach

Liability isn’t always clear, but some examples might include:

Negligent Hiring

Employee screenings should rule out individuals not qualified for the position. If someone doesn’t possess the appropriate credentials, they could threaten the safety of others.

Negligent Retention

An employer may be responsible if an individual’s training is inadequate or absent and their actions result in injury.

Negligent Supervision

Employers who turn a blind eye to dangerous or inappropriate actions by an employee could be liable for supervisory negligence.

Should the claim be found in favor of the employee, their expenses and medical care under worker’s compensation may be covered. Since costs can quickly add up, these are important considerations. Speaking to a worker’s compensation attorney will clarify your position and help protect your employee rights.