The workers’ compensation claim process can be complicated – even experienced HR managers and HR specialists have questions about the nuances of workers’ compensation law. The fact that workers’ compensation rules and regulations differ from state to state doesn’t make the process any easier. Go To Ortho sat down with top Oregon workers’ compensation lawyer Lauren Oda to get all our questions answered.
Lauren Oda joined Sather, Byerly & Holloway, LLP in 2011. She represents Oregon and Washington employers and insurers in workers’ compensation and related employment matters. Prior to her current position, Lauren practiced law in her hometown of Hillsboro, where she handled criminal and plaintiff personal injury matters.
Lauren studied abroad in Santiago, Chile, and is fluent in Spanish. She graduated from the Willamette University College of Law in 2010. She is a member of the Workers’ Compensation Section of the Oregon State Bar, Oregon Women Lawyers Society, Washington County Bar Association, Washington State Bar Association, Washington Self-Insurers Association, Oregon Workers’ Compensation Claims Association, and Risk and Insurance Management Society Oregon Chapter.
A: Employers have 5 days from the date they receive notice of a claim or accident to notify their insurer. There are several pieces of information that must be included on the notice, and it is generally provided on Form 801 “Report of Job Injury or Illness.” Failure to notify the insurer timely may result in civil penalties.
A: It really hasn’t changed how employers test. If the employer’s policy is to drug test after any work injury, then they can continue to test. The same standard applies regarding the compensability of the work injury. The employer would have the burden of proving the drug use was the major contributing cause of the work injury to avoid compensability.
However, depending on the employer’s drug policy, a positive test for marijuana could result in termination of employment.
A: When we think of workers’ compensation injuries we often think of a traumatic injury due to a sudden accident at work, resulting in disability or death. Workers’ compensation covers more than just sudden accidents. An injury also can develop over time due to cumulative trauma, such as tendonitis or carpal tunnel syndrome. Additionally, workers’ compensation covers occupational diseases, which are medical conditions caused by work that develop over an indefinite period of time, such as occupational asthma or contact dermatitis.
A: Not necessarily. A compensable injury is an injury arising out of and in the course of employment that results in disability or the need for medical treatment. This must be established by objective findings. There is a two-prong test:
Traveling employees can be considered no longer “in the course and scope of employment” when there is a distinct departure or detour. For example, if they travel to Maryland for a work conference, and then take several days to visit family in the area before flying back home.
A: From a medical standpoint, an injury that was not caused in material part by work activities, or an occupational disease not caused in major part by work activities. For example, if someone has had asthma all their life and they get asthma symptoms at work, that wouldn’t be considered an occupational disease because it wasn’t caused “in major part” by work activities. From a legal standpoint, there are several situations where an injury or disease would not be compensable. For example:
A: No, they cannot.
An employer is not allowed to direct a worker’s medical care. However, as a service to employees, the employer could provide a list of occupational health providers in the area. The list would need to include more than one provider and could also include a disclaimer that the employer is not directing care but providing a list of local providers as a convenience to employees.
If you have any further questions about workers’ compensation law, contact Lauren Oda at loda@sbhlegal.com or 503-595-2139.Thank you, Lauren Oda, for your insight into the workers’ compensation process here in Oregon!
If you are an HR manager or specialist and would like to hear more about how Go To Ortho’s award-winning orthopedic surgeons can be a good option for your employees, contact Go To Ortho at info@gotoortho.com to learn more or request an in-person meeting.
If you are an injured worker, Go To Ortho is an urgent care clinic in Beaverton & Lake Oswego, where you can see an orthopedic specialist immediately, no appointment needed. We’re experienced at walking you through the workers’ compensation claim process. Contact us at 503.850.9950 for more information, or just stop by the clinic.
Contact us at 503.850.9950 for more information, or just stop by the clinic.