Workers Compensation

Injured Workers Need To See Their Doctor!

I recently saw a claim where the injured worker had an accepted, fairly severe injury. The worker did not regularly see his doctor for the condition and the claim was administratively closed for failure to see the doctor. The worker did not hire an attorney until over a year after the closure. The result
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Social Media and Workers Compensation :(

Approximately ten years ago, I began having my clients sign a social media agreement. The agreement is that they will not post about their claim, their condition, or their functional abilities on social media. I began doing that as a consequence of a client who had a low back injury, specifically a herniated disc.
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The workers’ compensation system exists for many reasons

The workers’ compensation system exists for many reasons.  It exists for employers to allow them to avoid liability suits and to avoid a jury holding them accountable for injuring their workers. For workers it provides benefits, regardless of fault, and in theory it provides an expedited litigation system. What most people don’t really understand, however,
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Hiring An Attorney

I’ve talked in the past about when to hire attorneys (as soon as possible), and why to hire an attorney (an attorney is the only person in the workers’ comp system who is on the side of the injured worker, and whose fate is tied directly to the fate of the injured worker, because
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TIPS AND THE INJURED WORKER!

If you become disabled from your regular job as a consequence of your industrial injury, then you are entitled to be compensated for missing that time from work. At first, the statute appears fairly straightforward. A disabled worker is entitled to two-thirds of their average weekly wage, capped at 133 percent of the state’s
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MCO – THE DARK SIDE OF WORKERS COMPENSATION!

One of the changes that were implemented in the 1990 legislation was the creation of managed care organizations for workers comp claims. Most people did not think this was going to be that significant of a change, and it did take quite a while to get off the ground because putting the infrastructure and building
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Working Multiple Jobs

In Oregon, if you get hurt while working on one job and you are working one or more other jobs, you may be able to get compensation for the wages you miss at the jobs other than the job you were hurt while doing. This can be a difficult maze to get through, but
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Insurance companies exist to take in premiums not to pay benefits!

Ifrequently tell my clients, in explaining bad behavior by insurance companies, that insurance companies exist to take in premiums and not to pay out benefits. Self-insured employers behave the same way.Here is a link documenting the most extreme behavior I have seen by any employer.How Tesla and its doctor made sure injured employees didn’t get
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Tragedy of the Triangle Shirtwaist Fire Led to Workplace Safety Laws

In the early 20th century, states around the country began passing laws implementing workers compensation. There were several sets of pressures being brought to bear on legislatures causing them to pass these laws. Organized labor (primarily AFL in Oregon) was doing their best to persuade legislatures to pass workers compensation acts. There was also an
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Walmart announced that they would be eliminating greeters!

Recently, Walmart announced that they would be eliminating greeters and requiring that employees meeting people at the front door must be able to lift at least 50 pounds. Walmart is doing this because they’re trying to compete with Amazon (among others) and they feel they need to offer more service to their customers. This
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