Our Workers’ Compensation Practice
Workers’ compensation law in Oregon is a complex and difficult area of law to navigate, even for attorneys. The statutes and regulations are voluminous. It is hard to find answers to important questions when you need them the most. Injured workers are often left stressing about whether a medical bill will be paid, when the insurer/TPA will issue a time loss check, and how claim benefits are calculated, etc. Bin Chen JD, MBA is a highly rated Beaverton workers’ compensation attorney and at Hooton & Chen LLP we will help you demystify the workers’ compensation system.
Bin Chen and Don Hooton are experts in on-the-job injuries. Our lawyers have a combined 40 years of practicing workers’ compensation law, and we will fight to ensure that you receive all benefits due under the law, Including but not limited to, medical services, temporary disability benefits, permanent disability benefits, death/survivor benefits, and vocational assistance.
Workers’ Compensation law is unique in that it represents a merger of law and medicine—competent advocacy of injured workers necessarily requires some degree of working knowledge in medicine. Our attorneys have a good practical knowledge of medicine and are skillful in dealing with medical providers and expert witnesses. (Please see bio pages of our attorneys.) Bin and Don have provided effective legal representation on cases involving a wide spectrum of medical issues, ranging from complex conditions such as traumatic brain injury (TBI), mesothelioma, repetitive trauma, sensorineural hearing loss, viral and bacterial infections and postoperative complications, to more common injuries such as acute fracture, rotator cuff tear and discogenic injuries of the spine. We are also known in the medical community as educators of the workers’ compensation system. Our firm provides workshops to medical offices and billing companies on topics of claim processing, medical billing and coding, and how to offer persuasive medical opinions in Portland workers’ compensation and Beaverton workers’ compensation cases.
“I joined up with Don Hooton and founded Hooton & Chen to serve the injured workers in Oregon after spending nearly a decade representing the interests of insurance companies, largely due to my belief that the workers in this state are significantly underserved and underrepresented.” – Bin Chen, JD, MBA
What other qualities should you look for in an attorney on a workers’ compensation case? How about an attorney who fully understands the inner workings of insurance companies and is well-respected by the insurance community? Attorney Bin Chen is a former claims adjuster and auditor. After finishing graduate business school, Bin worked as an insurance claims operations specialist. There, he designed and implemented claims operations guidelines and compliance protocols for a large insurance carrier. As a former insurance defense attorney, Bin represented insurance companies on nearly 500 workers’ compensation claims. In addition to that he also trained claims examiners on claim processing. Having his expert knowledge of the insurance industry on your side is invaluable when it comes to resolving complex processing-related issues and determining whether your benefits are accurately calculated.
Hooton and Chen LLP advocates not only for our own clients but for all Oregon workers through our legislative and regulatory efforts. Our team (workers’ compensation attorneys Beaverton and workers’ compensation lawyers Portland) frequently testifies before the Workers’ Compensation Board and Workers’ Compensation Division concerning challenges faced by injured workers, and argue for modification of existing law in favor of workers.
When Should You Contact Us?
Many workers only seek assistance of counsel when there has been a denial of the claim or benefits. The truth of the matter is there are many benefits to consulting a workers’ compensation lawyer in Beaverton or Portland in the early life of claim. It is probable that your benefits are miscalculated, and you are underpaid by the insurance company. You should also consider speaking with our attorneys under the following circumstances:
-
- You are receiving time loss payments at unpredictable intervals.
- Your ongoing time loss payments cease unexpectedly with no just explanation from the insurance company.
- While on time loss, you are receiving significantly less money than you earned before the work injury; or you otherwise do not believe the time loss rate used by the insurance company accurately reflects your pre-injury earnings.
- The insurance company closed your claim despite your doctor’s recommendation for continuing medical treatment.
- Your insurance company and employer are directing your care (telling you what medical provider you must go to for treatment) without an enrollment in a managed care organization (MCO).
- Your claim is closed with no permanent disability benefits, but you have permanent loss of use or function of a body part affected by your work injury.
- Your doctor believes you will not be able to return to the job you held at the time of your injury.
- The insurance company gives you what you perceive as a low-ball settlement offer.
Please note these are examples only and not intended to be a comprehensive list.
Portland Workers’ Compensation Guide
Who is entitled to Workers’ Compensation benefits in Oregon?
What is workers’ compensation? Can I get workmen’s compensation if I am an independent contractor? How long do I have to work somewhere to get workers’ compensation?
It is a fact of life that people get injured at work.
Sometimes injuries happen quickly and unexpectedly, like a slip in the bathroom or a crash of the delivery truck; other injuries take years to develop from the continuous strain of carrying heavy loads or other intense activities.
Whatever the case may be, Oregon law requires most employers to carry insurance to benefit workers who are injured on the job. It is important to know that there is no fault to prove or disprove in workers’ compensation. It does not matter if you are at fault, your employer is at fault, or if any third party is at fault; for the purposes of receiving workers’ compensation benefits, all that matters is whether your injury is work-related. However, if a third-party is at fault, you may have a lawsuit against that third party as well.
Oregon law states that “subject workers” are entitled to workers compensation benefits in Oregon. The vast majority of workers in Oregon are “subject workers.” Being a subject worker means that you are employed by a company or individual for a salary, hourly wages or some other type of compensation. It does not matter how long you have worked at your job. Independent contractors are not subject workers. However, in some instances a worker may have been improperly categorized as an independent contractor by the employer. In these cases, the worker is entitled to benefits under Oregon’s workers’ compensation laws.
How Much Will a Portland Workers’ Compensation Attorney or Beaverton Workers’ Compensation Lawyer Cost?
Retaining a Portland workers’ compensation lawyer or Beaverton workers’ compensation attorney is free. Your attorney will only be paid if they win or settle your case. If you decide to retain an attorney for your workers’ compensation case, you will need to sign a retainer agreement. You will never need to pay the fee of a Portland workers’ compensation attorney or Beaverton workers compensation attorney out of pocket.
How do I file an Oregon workers’ compensation claim?
How do I begin to file a workers’ compensation claim? What forms do I need to file and where do I file them? Your employer is obligated to set up a claim for you when the employer has enough facts to reasonably conclude that workers’ compensation liability is a possibility. In any case, filing a workers’ compensation claim is a straightforward process. Many hospitals and doctors’ offices are familiar with work-related injuries and have the proper forms on hand. You can also request them from your employer. In Oregon, a workers’ compensation claim should be filed with either an 801 Form or an 827 Form. An 801 Form is usually completed by the worker or the employer (or in some cases both). An 827 Form is usually completed by the worker’s physician. Both forms require the worker’s signature in order to constitute a legal claim under Oregon law. 801 and 827 Forms can be found at the Oregon Workers’ Compensation Division website: here.
Your employer, physician, or workers’ compensation attorney can also help you obtain these forms. If you have any questions about which forms to file, do not hesitate to give us a call.
What Kinds of Workers’ Compensation Benefits am I Entitled to in Oregon?
Can I get paid if I was injured at work? Am I able to get pain and suffering? Injured workers in Oregon are entitled to be compensated for time lost from work. “Time loss” benefits (also known as temporary disability benefits) are equal to 66.66% or two-thirds of your wage at the time of the injury. Time loss benefits are paid to you by check every 14 days and are not taxable wages. Injured workers are also entitled to payment of accrued medical costs such as treatment and prescription medication related to their work injury. Cash settlements or money awards are usually available to workers with permanent impairment. If a worker’s injury enables him or her from returning to their job, then “vocational retraining” may be available to help the worker attain new job skills. Pain and suffering awards are not allowed in workers’ compensation cases. However if there was a third party at fault in your injury, like a motorist or some other party who is not your employer, then you may have a case against that party where you can get pain and suffering damages.
What Happens if My Oregon Workers’ Compensation Claim is Denied?
Why is my workers’ compensation claim being denied? How do I appeal this denial? Can I fight the insurance company? If your claim is denied, you will receive a Denial of Claim notice informing you of the denial and of your appeal rights. A claim denial means the employer/insurer has denied your Oregon workers compensation claim and you will receive no benefits for your injury.
Absent good cause, you have 60 days from the date the denial issued to appeal the denial. If you believe the denial was issued in error and that you should receive benefits for your injury then you should involve a Portland workers’ compensation attorney or Beaverton workers’ compensation attorney immediately. Your attorney should appeal the claim denial by filing a Request for Hearing with the Oregon Workers’ Compensation Board. We will offer you a free consultation here at Hooton and Chen LLP if you believe your Oregon Workers’ Compensation claim has been wrongfully denied.
What Happens after I file a Workers’ Compensation Claim in Oregon?
It is important to understand that most employers have workers’ compensation insurance to cover their employees if they are injured at work. However, the insurance companies have an interest in saving as much money as possible and are very meticulous in reviewing claims. Often times, these insurance companies will deny valid workers’ compensation claims.
After you file your claim, you will be contacted by your employer or their insurance company to confirm receipt of your claim. The employer/insurer has 60 days from receipt of the initial claim (usually an 801 or 827 Form) to either accept or deny your Oregon workers’ compensation claim. If your claim is accepted, you will receive an Initial Notice of Acceptance explaining that your claim is accepted and what condition (injury or occupational disease) it is accepted for. The Notice of Acceptance will also state whether your claim is “disabling” or “non-disabling.”
An Oregon workers’ compensation claim is “disabling” when a worker must miss work due to his or her injury, or when the injury results in permanent impairment. An Oregon workers’ compensation claim is non-disabling when there are less than three days of missed work (called three-day waiting period), and the claim is not likely to result in permanent impairment for the injured worker.
To learn more about our workers’ compensation practice and how we can help you, visit our contact us page or call us!