When an Oregon Workers' Compensation carrier issues a Notice of Closure, one of the benefits it may provide is "work disability." This benefit is actually part of the "permanent partial disability benefit" that a worker may be entitled to, depending on whether he or she made a full recovery from their on the job injury.
The term "work disability" refers to any injured worker who is not able to return to the actual job performed at the date of injury. In order to qualify for this benefit, the attending physician, who is the physician primarily responsible for your medical care must State that you are unable to go back to the job you held at the date of injury.
You may still have the same job title, and work many functions of your position. However, if the duties of the job are changed because of any physical limitations you are left with after an on-the-job injury, then you may very well be entitled to this benefit. Even if you are working certain hours, and is work hours were limited as result of any permanent restrictions flowing directly from your on-the-job injury, this altered work schedule may also entitle you to the work disability benefit.
Generally speaking, this benefit is based upon "social and vocational" factors, including your skill level, your age, the physical requirements of your job before the injury, and your physical abilities after the injury. There is also an Index number known as the "state average weekly wage" that determines the amount of "work disability" benefits.
If you have an open Oregon Workers' Compensation claim, and have questions about this or any other issue, call us at 503-325-8600. We have extensive experience advocating for the injured worker in Oregon.
