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Oregon Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for Oregon on
Q: What to do if Previous employer didnt process workers comp claim and I have to pay the medical expenses?

Back in March of 2022, I sustained and injury and was taken to the ER by my employer. The following day I filed for workers comp for the visit as well as follow ups for the injury. A few months after I received a bill from the hospital. I contacted my employers HR to get it straightened out which I... View More

Spencer  Aldrich
PREMIUM
Spencer Aldrich
answered on Jan 11, 2023

Sound like you were a Cal resident working for a Cal employer at the time of the injury, so jurisdiction would likely be in California's WC system (not Oregon's). You might consider posting this question in the CA forum, but really you should call a CA WC attorney.

If this were...
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1 Answer | Asked in Workers' Compensation for Oregon on
Q: I got a large burn at work. The first aid kit did not contain what I needed. Can I press charges?

The first aid kit at my work was under equipped and did not contain antibiotic ointment or conforming gauze rolls. I was not able to immediately treat my wounds and had to leave work and purchase my own first aid supplies.

Spencer  Aldrich
PREMIUM
Spencer Aldrich
answered on Oct 13, 2022

The simple answer to your question is "probably not." As your injury was on the job, your remedy is the Oregon WC system and that generally prevents you from being allowed to sue your employer for negligence (i.e. your harm caused by their breach of a duty to keep appropriately stocked... View More

2 Answers | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Oregon on
Q: I worked for my employer for 7 years and no scheduled breaks or lunch breaks. Should be compensated ? For shifts 6+hrs

I was told 1000$ for not making us take 15 minute breaks and for not keeping a record of it ? Can I make him pay me 30min for everyday I didn't get a lunch ? If so how how many shifts can I make him pay me for ?

Jeff Merrick
Jeff Merrick
answered on Aug 22, 2019

Greetings,

I recommend you check with Oregon Bureau of Labor and Industries.

Jeff Merrick

https://oregonlitigationattorney.com

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1 Answer | Asked in Employment Law and Workers' Compensation for Oregon on
Q: Can an employer fire you when you get hurt on the job and your claim accepted by workers comp?

My workers compensation claim was accepted and medical treatment started. My employer terminated me 3 weeks after the accident and now I am denied any monetary benefits. Should I consult a workers comp and employment attorney?

Thank you. I reside in Oregon

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 1, 2019

You should consult a worker's compensation attorney to deal with the denial. They can still terminate you, they just cannot do it because you filed a worker's comp claim. As in, they cannot retaliate against you for filing the claim. If you were drunk driving forklifts off the loading... View More

Q: Past boss & owner sexually harassed me, complained about being on saif claim, and many other things. I have proof of all

Past boss and owner sexually harassed me for years of my employment. I didn't realize it had been happening for awhile until boss offered me sexual favors for money. I've known boss for majority of life. Boss would also complain to other employees about me not being in, while I was on... View More

Joanne Reisman
Joanne Reisman
answered on May 6, 2018

If you want a lawyer you need to shop for one in the area of the problem you have and they cover. Justia is about posting short simple questions that lawyer's can answer that don't need a consultation to sort out all the details. Your problem is complex and multi faceted. So let's... View More

1 Answer | Asked in Personal Injury, Wrongful Death and Workers' Compensation for Oregon on
Q: Can a homeowner be held liable for hiring an unsafe company to work on their home?

If the company displays photos or videos of non-OSHA compliant work practices on their social media, website, promotional media, etc. or the client observes employees of the company working in an unsafe manner, does the client assume some level of liability if an employee of said company gets hurt... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 12, 2018

I don't believe so. If a worker is injured they should be guided by their insurer and not give statements.

1 Answer | Asked in Personal Injury and Workers' Compensation for Oregon on
Q: I was injured on the job. No lost time but alot of mental issues (ptsd). Due to incompetence and gross negligence. Case?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 27, 2017

Unlikely to have a personal injury case against your employer, as your sole remedy usually is a worker's compensation claim. That said, get a worker's compensation attorney to maximize your recovery, and they also should be able to tell you if you might have a case against your employer... View More

1 Answer | Asked in Civil Litigation, Personal Injury and Workers' Compensation for Oregon on
Q: I was just informed I meet all criteria under ors 147.015 and will be compensated under ors147.005 to 147.365

What claims can I file? Can I still request my rights?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 9, 2017

You really should find a worker's comp attorney. From my understanding, is they are paid in a way that does not decrease what you get.

1 Answer | Asked in Employment Law and Workers' Compensation for Oregon on
Q: Can you receive Workman's Comp based on mental health issues? Is my employer violating Oregon employment laws?

I'm a Property Manager. I'm officially "part-time" but haven't worked less than 40+ hours per week since I started over a year ago. My employer offers insurance benefits to full-time employees only. My employer requires me to live on site and pay $850 rent/no discount.... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 21, 2017

Try contacting a WC attorney about that part of your question. Note, attorneys cannot solicit your business, you have to contact them.

Meanwhile, unclear as to what sort of property manager you are, as in for apartments or say a self-storage place. If you are to apartments, review this:...
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3 Answers | Asked in Car Accidents, Employment Law and Workers' Compensation for Oregon on
Q: Can I claim lost wages from both workmans comp and auto insurance due to an auto accident while on the job?

I reside in Oregon and the accident happened in Oregon. Employer is not being professional about the situation and neither is their workmans comp agent. The accident occured on July 20th and I have not received payment for lost wages and my medical bills are not being paid. Driving is part of my... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Sep 5, 2016

The first question is, did you file for worker's compensation yet? Sounds like it, but make sure you do to ensure the WC carrier is on notice.

There is no problem with claiming the wages through your own insurance, but just know your own insurance will then seek reimbursement from your...
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1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Oregon on
Q: can my attorney have my works safety records and my specific safety complaint requested?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 20, 2016

Potentially. Employees in Oregon have a right to their employee files (though such a file may or may not include the specific records you are looking for), and if there is a lawsuit they could be demanded in discovery.

1 Answer | Asked in Workers' Compensation for Oregon on
Q: Where or how can I find a attn.(not involved in this case) to be a trustee of my ill husband's trust fund acct.?

My husband is at a Sen.Living home,I am ill,living alone,we've had nothing but a bad night-mare with his present trustee & case worker.Sen.Serv.has lowered my support alot,but it's worth $50.00 a trustee gets a mo.to my husband & I to save our marriage.

Terrence Rubino
Terrence Rubino
answered on Aug 3, 2011

i don't have all of the facts, but it sounds like you need to contact a local bank that has a trust department. most bank trust departments will act as trustee over funds/assets for a very modest fee. many trust departments do a real good job at helping elderly and infirm with managing their... View More

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