HR Homeroom: Or. Employer Responsibilities

14 Jun, 2024 Frank Ferreri

                               

Salem, OR (WorkersCompensation.com) -- When it comes to workers' compensation steps and information, the State of Oregon puts the onus on employers to take care of a number of responsibilities. Here's a look at what those are.

General Requirements

A subject employer must accept notice of a claim for workers’ compensation benefits from a worker or the worker’s attorney.

Form 801, "Report of Job Injury or Illness," must be readily available for workers to report their injuries.

The employer must provide Form 801 to the worker:

+ Immediately upon request by the worker or worker’s attorney; or

+ Upon receiving notice or knowledge of an accident that may involve a compensable injury.

Form 827, "Worker’s and Health Care Provider’s Report for Workers’ Compensation Claims," signed by the worker, is written notice of an accident that may involve a compensable injury. The signed Form 827 will start the claim process, but it does not relieve the worker or employer of the responsibility of filing Form 801.

Form 3283, "A Guide for Workers Recently Hurt on the Job," must be provided by the employer to the worker at the time a worker files a claim for workers’ compensation benefits. Form 3283 may be printed on the back of Form 801.

If a worker provides notice of a claim using an electronic form, the insurer may require the worker to sign a medical release form, so the insurer can obtain medical records necessary to process the claim under.

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Employer Reporting Time Frame

An employer, except a self-insured employer, must report a claim to its insurer no later than five days after the date the employer has notice or knowledge of any claim or accident that may result in a compensable injury. The date an employer has knowledge of an accident that may result in a compensable injury is the earliest date any supervisor or manager of the employer has enough facts to reasonably conclude that workers’ compensation liability is a possibility.

Reporting Requirements

The report must provide the information requested on Form 801, and include at least:

+ The worker’s name and address.

+ The employer’s legal name and address.

+ The date, time, cause and nature of the accident and injuries.

+ Whether the accident arose out of and in the course of employment.

+ Whether the employer recommends or opposes acceptance of the claim, and the reasons therefor.

+ The name and address of any health insurance provider for the injured worker.

+ Any other details the insurer may require.

Injuries Not Requiring Medical Services

The employer is not required to notify the insurer of an accident that does not require the worker to seek treatment from a licensed medical service provider, subject to the following:

The employer must report the claim to the insurer if:

+ The worker chooses to file a claim;

+ The worker signs a Form 801;

+ The worker or employer is billed for treatment; or

+ The employer learns that the injury has resulted in medical services, disability or death. The date of that knowledge is the date the employer received notice or knowledge of the medical services, disability, or death

If the employer does not give the insurer notice:

+ The employer must maintain records for five years showing the name of the worker, the date of the accident, the nature of the injury and treatment provided; and

+ These records must be available for inspection by the director, the worker or the worker’s attorney, if any, and the insurer.

Civil Penalties

The director may assess a civil penalty under against an employer that:

+ Is late in reporting more than 10% of its total claims to its insurer during any quarter; or

Intentionally or repeatedly pays compensation instead of reporting claims or accidents that may result in a compensable injury to its insurer.

Worker’s Right to Choose Medical Service Provider

The worker may choose a medical service provider, attending physician, or authorized nurse practitioner. If an employer restricts the worker’s choice of medical service provider the director may impose a civil penalty of up to $2,000.


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    About The Author

    • Frank Ferreri

      Frank Ferreri, M.A., J.D. covers workers' compensation legal issues. He has published books, articles, and other material on multiple areas of employment, insurance, and disability law. Frank received his master's degree from the University of South Florida and juris doctor from the University of Florida Levin College of Law. Frank encourages everyone to consider helping out the Kind Souls Foundation and Kids' Chance of America.

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