Oregon Injury Attorney Blog

I often receive calls from an injured worker that go something like this:

"I received some paper work from the insurance company. They want me to sign this and send it back to them. It says I will get a check, and they told me that I will be covered for medical treatment for the rest of my life. What should I do?"

Like everything else, it is not that simple. If you boil it down, Oregon Workers' Compensation is a statute, and a set of rules. An injured worker's rights begin and end with those rules. One area the rules cover is settlement, and I want to give a brief summary of the kinds of settlements available in the Oregon Workers' Compensation system. The key here is to be careful.

The first type of settlement is a claims disposition agreement, also called a "CDA." This settlement applies to claims that are accepted. This means that the insurance company has taken responsibility for a certain medical condition, and is providing benefits for that specific medical problem from the on the job injury. If you agree to a CDA, you are selling all of your benefits, except for the medical services benefit. A lot of people think that the medical care is guaranteed, but it is not. Instead, you are keeping the right to make a claim for medical care, and the insurance company could decide to deny your request for medical care down the road, long after the case is settled. You can appeal any denial of medical care, but the point is that there are no guarantees.

What you are giving up by signing a CDA is all the other benefits. That includes time loss, permanent partial disability, and vocational benefits. So, if a few years after your settlement, you need a surgery, AND, the insurance company agrees to pay for it, you get the medical bills paid, but you are not paid for your time off work. CDAs may be a good option, but you have to consider your future, and the value of the benefits you are giving up.

The second settlement in Oregon Worker's Compensation is a disputed claims settlement, also called a "DCS." This is for claims that are denied. For example, you may file a claim for an on the job injury, and for a number of reasons, the insurance company may deny that claim. After you file your request for hearing, the injured worker and the insurance company may want to settle. With a DCS, the injured worker is agreeing to let the claim denial stand, but in exchange for payment of money. When I evaluate a settlement offer like this, I consider the value of the benefits you would enjoy if you won at the hearing, as well as your chances of prevailing at the hearing. Unlike the CDA, all you get in a DCS is payment of money. As far as medical expense, disability, and job training, you are on your own.

The one nice thing about these settlements is that Oregon Workers' Compensation law requires that the State of Oregon approve these settlements. That provides some safeguard for the injured worker. Also, if you have an attorney, the fee is regulated by statute as well. Still, you need to approach settling these cases with caution. Once you sign on the dotted line, that's it.

Oregon injured workers often contact me near the end of their workers' compensation claim when they receive a Notice of Closure. Some workers will call and tell me that the insurance company wants to "settle up" on their on the job injury claim. A Notice of Closure is an important event in the workers' compensation process. Here is a brief primer.

When you are injured on the job in Oregon, your workers' compensation carrier provides medical services, and disability benefits. At some point, your treating doctor will decide that you are "medically stationary." This means that the passage of time or more medical care is not going to significantly improve your condition. Depending on the type of injury you suffered, the insurance company will close your claim when your doctor finds that you are medically stationary. This is done with a Notice of Closure. A lot of things happen with this Notice of Closure.

First, the insurance company is deciding that you are no longer eligible for medical care aimed at curing your condition. You may still be able to get some continuing care, but generally, it's not the kind of care aimed at a full recovery. Second, the insurance carrier is deciding whether you are entitled to a "permanent partial disability" benefit. This is a benefit designed to compensate an injured worker for his or her permanent loss of earning capacity as a result of the on the job injury. It is a cash benefit determined by results of a medical examination, and a doctor's opinion. This also may be the time where the insurance company evaluates whether you are eligible for vocational benefits. This is a benefit that may provide job training to get an injured worker back to work making the same money she made before her injury.

If you are confused by a Notice of Closure, you can give us a call for a no charge consultation. Often times I will review your claims file just to make sure you are getting all the benefits you deserve.

In an effort to reduce auto collisions and injuries, many states have banned the use of cell phones while driving. Washington passed its law this summer, and California has a law in place. I searched the Oregon statutes, and the only law I can find is one that prohibits local governments from passing their own cell phone laws.

Anyone with a teenager knows how big text messaging has become. I recently read an article on line that reported on a United Kingdom study on reaction times and text messaging. The study found that text messaging while driving may be even more dangerous than driving drunk. Subjects that were text messaging while driving suffered a 35% drop in reaction time compared to those tested while driving at the legal alcohol limit, who lost only 12% reaction time. Even test subjects under the influence of marijuana retained a better reaction time than the text messaging drivers.

There are plenty of news stories reporting car wrecks and injuries due to an inattentive driver on a cell phone. I can recall at least two cases in recent years where a driver on the phone was distracted and caused an injury. Perhaps the Oregon Legislature needs to step to the plate on this issue.