How Do I File a Workers’ Compensation Claim ?

If you have reason to believe – or reasonably suspect – that you were injured at work or that you have an illness, injury and/or disease because of your job and/or work related activities, you should tell your employer as soon as possible.

You should ask your employer to give you Form 801, “Report of Job Injury or Illness,” (for Oregon claims) or a “DWC-1” Form (for California claims) and you should complete the “worker” portion of the form, and return the completed form to your employer. Keep a record of the form for your records. Also, try to document the fact that you turned in the claim form. One of the best ways to do this is by email to your employer.

If you are having problems getting the Form from your employer, you can get the Form off the Internet or you can contact me.

You should also consider putting your request for the Form in writing (send your Employer an email for instance) to be able to later prove that you requested the Form in order to be able to report your Injury in writing.

Your employer has to complete their portion of the Form and then they need to send the Form to their Workers’ Compensation Insurance Company or to the Claims Administrator responsible for handling Workers’ Compensation Claims for your Employer.

Your employer must give you a copy of the Form for your records. You should keep a copy of this form.

Your should make sure that you obtain the name and phone number of the workers’ compensation insurer/claim representative from your employer.

The insurer must keep in contact with you and, likewise, you must keep in contact with them. You and your Medical Providers/Doctors must cooperate and keep in contact with the Claims Representative assigned to your claim.

Remember: The Claims Representative represents your employer and the Insurance Company. Although the Claims Representative may provide you with information that is helpful to you, the Claims Representative does not represent you. From time to time, the Claims Representative may provide you with advice and resources (like Mileage and Prescription reimbursement forms). However, if you want someone who is on board to represent your best interests, consider hiring an attorney!

For more information on what to do when you are hurt on the job in Oregon click here.

For information on what to do when you are hurt on the job in California click here.