Posts made in November 2021

A work-related injury can change your life. Whether it’s a permanent or temporary disability, you need to know whether you will be able to work again and if your employer will hold your job. While worker’s compensation can help with benefits like wage loss and vocational rehabilitation, chances are you would like to return to work.

Review the ADA Criteria

Although you may be worried about job loss, there are protections in place to mitigate the risk for work-related injuries in Oregon. The Americans with Disabilities Act (ADA) requires that employers make reasonable accommodations before firing an employee who cannot work due to an injury. Whether you experienced hearing loss or a knee injury, your employer has a responsibility to uphold. Modified schedules, special equipment, and restructuring the job description are all examples of accommodations.

Speak to an Attorney

If you suspect that your employer is not meeting the ADA criteria for your return to work, reach out to a workers’ compensation attorney. They will be able to determine if the employer is violating your rights and review your options. If you have been terminated as a direct result of your injuries, you may be eligible for damages from your former employer.

You have suffered enough with a work-related injury; you should not have to worry about losing your livelihood too.

Workers’ compensation in Portland, OR, covers most work-related injuries. However, there are some exceptions. It is a good idea to be aware of on-the-job actions that can void your workers’ compensation benefits.

They can include:

Illegal Activities

Workers’ compensation insurance policies do not cover illegal activities on the job.

Policy Violations

Company policy, procedure, and protocol violations mean an employee cannot benefit from workers’ compensation.

Intoxication or Illegal Substance Use

When Illegal substance use or intoxication is the sole cause of the injury, it is generally not covered.

Horseplay

Any acts considered horseplay and not within the scope of the job would not be covered. However, if an employee not involved in the horseplay is injured, that person may be eligible for medical and wage loss benefits.

Driving to/from Work

Although it would be nice, your commute is not covered by workers’ compensation because it is not during the course of your work.

Intentional Acts

An intentional act that causes a workplace injury or illness is not covered.

Terminated Employees

If you have been laid off or terminated, coverage will not apply unless the injury predates the job loss.

No matter what the circumstances, it is always best to speak to a lawyer to ensure you get the coverage you deserve.