If you have been injured on the job in Oregon, you must file a written claim with your employer within 90 days of the date of the injury, but it does not make sense to wait to file a claim.
Some of our clients describe difficulty in getting a claim form from the employer. The law is clear on this. The employer must immediately provide you with an 801 form, and after you fill it out, the employer has to send the form to its insurance carrier.
Here is a link to an 801 form to get an idea of what the form looks like.
If your employer is not cooperating with you about getting a form, then you should be wary about the employer turning the claims form into the insurance company after you turn it in. Here are a few options:
- Keep a copy of the claims form, signed and dated, to show that you filled it out, and when.
- See your doctor as soon as possible to document the injury. The physician or the emergency room department will also file its verision of a claim, called an 827 Form. This form will start the claims process, but you still have to file the 801 Form.
- If you are concerned that your employer is not getting the claim form to the insurance company, think about filing your claim directly with the insurance company or claims processor. This web site will help you find out who the insurance company or claims processor is for your employer.
It's all about documentation, and getting it in writing. Just telling somebody at work you were injured is not enough.
Check out our free e book on Oregon Comp Claims if you have other questions.