CategoryWorkers' Compensation Facts - Philip Garrow LLC
Does Your Employer Have Control?
In a recent Court of Appeals case, the Court talked about the general rule that a worker who is coming or going from work or from a break is not covered under workers’ compensation unless there is an exception to the rule. One of the exceptions is if you are injured in an area controlled by the employer, for example, the parking lot where you are told to park.
If an injury occurs in an area that you are free to be in, in this case a smoking hut just outside of the employer’s premises, and you are injured coming back to work, if your employer has any “control” over the area as it does over its parking lot, then your injury should be covered by the work insurance.
If you have a denied workers’ compensation claim or have questions regarding your on-the-job claim, contact our office
Trouble Recalling Past Medical Treatment?
Having a hard time remembering all your prior medical treatment and injuries? You are not alone. In a recent case, the employer argued that because the worker forgot to tell his doctor about a prior motor vehicle accident (MVA), he should not be believed about his current accident. The Workers’ Compensation Board (Board) disagreed, noting that the worker did tell the insurance company doctors about the MVA and did remember to tell his treating doctor for his workers’ compensation claim. The Board said the injured worker was telling the truth. If you have any questions about workers’ compensation or need help with your on-the-job injury claim, please contact our office at 541-382-3736 or visit our website
Union Hall Work Week
More good news for working men and women! A recent Workers’ Compensation case clarified that, for injured workers working out of a union hall, the rate of temporary disability benefits/time loss is based on a five-day work week at 40 hours per week, regardless of the number of days actually worked on the current job. If you have questions or need help with your Oregon workers’ compensation claim, please contact our office!
Intentionally Injured By Your Employer?
Recently in the funnies, one of America’s favorite cartoon characters, with the weird hair and beautiful deli-owning wife, who works in an office with a crusty old boss, recently reported his work injuries to his insurance company. One of his “injuries” was being “spritzed” by the boss. The insurance company wondered if this was covered. In Oregon, the answer is YES! However, there would need to be an injury that needed medical attention. So, if our character got spritzed in the eye at work and went to the doctor, he is covered.
Additionally , in Oregon, our character could consider suing the boss for intentionally causing his injury. A worker who is injured on the job usually cannot sue the employer or the insurance company. There are exceptions where the injury was “intentionally” caused by the employer or because the employer was running an unsafe operation.
If you have any questions or need help with your Oregon workers’ compensation claim, please contact our office
Intentionally injured on-the-job?
In a recent case, the employer tried to claim that a worker intentionally injured himself on the job, which would have made the injured worker ineligible for workers compensation benefits. According to witnesses, the injured worker was walking back to the job site as a co-worker was driving a forklift in the same direction. The worker testified that the forklift caught the back of his heel, causing him to fall. The co-worker testified that the worker “lunged” in front of the forklift.
The Workers’ Compensation Board agreed with the worker that he did not get injured on purpose. The law says there is a “ presumption” that a work injury was not the result of an intention to be injured. The employer failed to prove that the worker’s injury was intentional.
If you have question regarding an on-the-job injury claim, please contact our office
Workers’ Compensation Work Releases
Workers’ compensation law requires injured workers to get a work release from their doctor that tells the employer that they cannot work or that they can only do modified work. It is important to get the work release every time you see the doctor and give it to your employer. It is a good idea to make sure your both employer and your doctor also send the work release to the workers’ compensation insurer to make sure your time loss (wage replacement) continues until you are released to work.
It is also important that the doctor put on the work release that you are off work for the condition(s) that the insurance company has accepted as part of the claim. For example, if you were being treated for a low back condition at the time you hurt your neck at work, the release must specify that you cannot go back to your regular work because of the work-related neck injury. If you have questions about this or any other aspect of your workers’ compensation claim, please contact our office.
Home-Based Employment Information
Marge of the Garrow Law office recently attended a seminar on what is new in Oregon workers’ compensation law. A new case holds that if you work for your employer out of your house, you may still be covered by workers’ compensation for hazards you encounter at your home.
In the recent case, the worker, a custom decorator, kept her employer’s samples and supplies in her garage at her employer’s request. She tripped over her dog on her way to the garage to pick up samples before meeting with a client. The employer denied the claim.
The Oregon Court of Appeals disagreed and found that this was a work injury because the worker’s home environment was also her work environment. If you have question regarding an on-the-job injury or your workers’ compensation case, please contact our office.
Temporary Disability Benefits & Short-Term Disability Benefits
In another important decision for injured workers, the Oregon Workers’ Compensation Board decided that if workers injured on the job who have short-term disability benefits through your work, may still receive time loss (temporary disability) benefit paid by the workers’ compensation insurance company, as well as short-term disability benefits. These benefits are not the same as sick leave.
Workers injured on the job in Oregon who are entitled to receive sick leave pay, may not be post-injury wages and you do not get time loss also.
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Philip Garrow wins another important Oregon workers’ compensation case!
The Garrow law office won another important case before the Oregon Workers’ Compensation Board. The injured worker, a middle school teacher and track coach who suffered a wrist injury while demonstrating throwing a discus to his track team, received an increase in his permanent disability, and a work disability award, because he could not go back to his “regular” work. SAIF initially would not agree to give him an increase, but the Administrative Law Judge did after we filed an appeal on the worker’s behalf. SAIF then appealed from the Judge’s decision.
The Workers’ Compensation Board sided with the worker. SAIF argued that the worker was not entitled to a work disability award because he could return to his regular work. SAIF said that just because he was injured while demonstrating how to throw a discus, his regular job as a coach did not require him to throw a discus. The Board disagreed and said that, no matter what the school district or SAIF claimed, the worker’s duties included physically demonstrating the throwing techniques for a discus. The worker was therefore entitled to an increase in his disability benefits.
We believe our job includes getting the maximum benefits for our clients who have suffered work injuries. This case is an example of that principle. Contact our officeOur consultations are always free!