Do You Have Permanent Limitations from your Work Injury Claim?
If your injury results in a condition that permanently limits you, or if you have not returned to your pre-injury status, you can be entitled to an award of Permanent Disability.
Permanent disability payments are calculated based on specific guidelines and formulas established under the Workers’ Compensation Laws.
Unfortunately, unlike a Civil Personal Injury Claim (such as a car accident), an Injured Worker is not entitled to a money award based on their “Pain and Suffering.”
Accordingly, Permanent Disability Awards are often limited and small when one considers what an Injured Worker has gone through and suffered. This is a sad and unfortunate part of the Workers’ Compensation Law. However, in Oregon your Permanent Disability Award can be increased quite a bit if you qualify for something called “Work Disability.” “Work Disability” is granted to an injured worker if that particular worker can return to his or her “REGULAR JOB.”
It is often critical that a “REGULAR JOB” description be obtained from the employer and that the job description is accurate and complete and truly describes, in detail, all of the job duties and requirements and activities that a worker engages in for their employer. Additionally, it is important that an employee’s Treating Physician fully understands what a person’s “REGULAR JOB” actually entails. For instance, many times, the Attending Treating Physician will simply say that their patient is released back to regular work when the Physician does not really understand all of that person’s regular job duties. When issues such as this arise, it is very important and critical to obtain the advice and assistance of an attorney who regularly handles Workers’ Compensation Claims. It can cost you a decent amount of money if you simply rely on the Work Comp Insurance Company to do the right thing by you. Remember, they represent your employer’s interests – not yours!