Posts made in January 2022

Can I Get Permanent Disability Benefits After a Workers’ Compensation Claim?

Permanent Disability in Oregon

The workplace injury you suffered could permanently affect your ability to return to your job. Determining whether that is the case is up to several factors. To receive permanent disability in Oregon, you must meet specific eligibility requirements:

Your employer must offer workers’ compensation insurance
You must be an eligible employee
Your injury or illness is work-related and covered by workers’ compensation
You must file your claim according to state procedures and deadlines
You must follow the state’s rules for medical care under a workers’ compensation doctor

A Definition of Permanent Disability

Your permanent disability benefits won’t apply until your doctor declares you’ve hit a plateau in your recovery. Once you reach this point, your treating doctor will determine whether you have a lasting medical condition directly related to your work-related injury or illness. Based on your disability rating, your temporary benefits will cease, and your permanent disability benefits will begin.

Permanent Disability Rating

Workers’ compensation benefits assess a permanent disability according to its seriousness, and you may receive partial or complete benefits based on the rating. A lost finger will have a different rating than total blindness. Individuals with lower ratings can benefit from vocational rehabilitation services that allow them to work within the same job or change occupations if they desire.

If you need to dispute any aspect of your disability rating, assessment, or benefits, you should contact a workers’ compensation attorney to protect your rights and ensure a fair outcome.

How Has COVID-19 Changed Workers’ Compensation?

Workers Compensation in Portland, OR

Calculating the impact of COVID-19 on workers has proven challenging. Concerns surrounding the exposure risk and incidence of contracting the virus have made determining workers’ compensation benefits difficult.

Several factors contribute to claims for workers’ compensation in Portland, OR. The complications surrounding proof of COVID-19 exposure at work can make claims far more complex than a typical case.

While it is possible to submit a claim for loss of work due to exposure to or being diagnosed with COVID-19, the laws surrounding the benefits continue to evolve. If you submit a first-time workers’ compensation claim due to exposure to or diagnosis of COVID-19, it’s best to speak to an attorney. They will have the most current information on benefits regarding the virus.

Limited Benefits for Vaccine Side Effects

It’s also important to note that vaccine side effects typically have limited employer liability, although they may still offer coverage.

The primary side effects include:

Pain, redness, or swelling at the injection site
Muscle pain

While employers may be liable for workers’ compensation for these side effects, it should not stop them from mandating vaccination protocols within their organization. If an employer has any questions about their liability and responsibility, they should speak to a workers’ compensation attorney.