Workers’ Compensation FAQ
Workers’ Compensation Frequently Asked Questions
If you have suffered a work-related injury or illness, you probably have many questions about your legal rights. We have provided some of the most common questions and their answers below for your convenience. To learn more about your rights, contact the Law Offices of Brian R. Whitehead, PC, in Salem, Oregon.
Frequently Asked Questions
Q – Am I eligible to receive workers’ compensation benefits?
A – Oregon law requires employers to maintain workers’ compensation insurance to protect employees who suffer a work-related injury or illness. If you are an employee who has suffered a physical or mental injury as a result of a work-related event, you are likely eligible to receive workers’ compensation benefits.
Q – What if I aggravated a pre-existing injury?
A – You are eligible for workers’ compensation benefits if you aggravated a pre-existing injury, including a pre-existing back, neck or shoulder injury.
Q – What type of workers do we represent?
A – We represent all types of workers. It doesn’t matter if you work on a construction site or in an office, we can help.
Q – Is workers’ compensation my only available form of recovery?
A – Not necessarily. If you were injured by a third party, you may have a basis for a third-party liability claim, a form of a personal injury lawsuit. Your recovery in a third-party claim is in addition to any amount you would recover through your workers’ compensation claim.
Q – Can I afford an attorney?
A – Yes. We charge no fees in workers’ compensation cases unless we recover for you. If your claim is denied and we win the case, the law requires the insurer to pay our fee.
Q – What if my employer doesn’t have workers’ compensation insurance?
A – Almost all employers are required to have insurance on their workers and if they don’t, the state of Oregon will cover your workers’ compensation claim and go after your employer for the amount they pay on the claim. It is important to make a claim with the Workers’ Compensation Department Compliance Division in these circumstances because if you are an employee, most likely you have a claim.