Other Benefits Available to an Injured Worker include the Following:
If you cannot return to your regular job.
For your surviving spouse and dependent minor children as well burial expenses.
Permanent Total DisabilityE
If you are totally disabled from ever returning to gainful employment.
Penalties and Sanctions
If your employer and/or the Insurer have unreasonably delayed, denied or miscalculated your benefits.
Payable by your employer and/or the Insurer if they have unreasonably delayed, denied or miscalculated your benefits.
You should be aware that your benefits will often be determined based upon a number of factors including, for instance, the date of your injury or the date when you were first declared disabled by a doctor. Also, with regard to issues concerning the amount of benefits that you may be entitled to, it is often very important and critical that the Workers’ Compensation Insurer is made aware of the correct amount of your earnings for your employer. For instance, Your Time Loss payments are calculated based upon your “Earnings”. Earnings include not only your wages but other “compensation” that your employer provides to you for your services, which includes things like meal and clothing allowances, travel reimbursements, per diem expenses, overtime, and bonus compensation. Also, if you work irregular hours and have a work schedule that varies from month to month, the Insurer often will have to average your wages. In addition, for Oregon Workers’ Compensation Claims, if you work two jobs the Claims Representative should take into account the wages from that second job.
Sometimes the Claims person handling your case can get things wrong which can result in an underpayment of benefits to you. This means that you are not getting the correct amount of money and benefits that you are legally entitled to. In order to obtain the correct amount of benefits that are due you, it is often critical to obtain the professional services of a lawyer who regularly handles Workers’ Compensation Claims. Do not solely rely on the Claims Representative’s calculations of your benefits! If you want to see if your benefits are being paid on time and in the correct amount, feel free to contact me for a No Cost Consultation.