A shoulder injury at work can affect your ability to lift, reach or complete your usual duties. Report what happened, seek medical care and keep copies of your restrictions and claim paperwork. Eligibility for Oregon workers’ compensation depends on your condition and the evidence connecting it to your work.
Work injuries can happen in many jobs. For construction workers, lifting materials and working overhead are tasks to describe to the medical provider when explaining how the injury occurred.
Shoulder injury claims and benefits in Oregon
Can I claim workers’ compensation for a shoulder injury?
You can report a shoulder condition you believe is related to your work and seek a claim decision. Explain the incident or repeated tasks and when symptoms began. The diagnosis and medical evidence matter. Surgery alone doesn’t establish that a condition is covered.
What compensation could a shoulder injury involve?
Benefits can include covered medical care and time-loss payments when your attending physician authorizes time off or modified work that causes lost wages. Temporary total disability is generally based on two-thirds of your average weekly wage, subject to legal limits. Permanent disability is evaluated separately. There’s no reliable standard payout for every shoulder injury.
When can time-loss payments start?
The insurer generally has 60 days from your employer’s knowledge of the claim to accept or deny it. Eligible time-loss payments can begin during that review. If your doctor authorizes disability, the first payment is generally due by the 14th day after your employer knows of the claim and disability, unless the claim is denied within the first 14 days.
You generally aren’t paid for the first three consecutive calendar days of disability. Those days become payable if your attending physician takes you completely off work for 14 consecutive days or you’re admitted to a hospital as an inpatient within the first 14 days of disability. A release to light duty during that period can affect payment for those first three days.
If your claim is denied, review the appeal instructions promptly. The Oregon Workers’ Compensation Board handles claim-denial hearings.
What if my shoulder isn’t improving or I have work restrictions?
Tell your treating provider which movements cause symptoms and which job duties are difficult. Ask for clear written restrictions and a follow-up plan. Keep any modified-duty offer with your medical notes and wage records. Don’t guess at lifting limits or change restrictions yourself.
7 Steps to Take After Suffering from a Workplace Shoulder Injury
1. Report your shoulder injury.
Tell your employer promptly how the injury happened or which tasks you believe contributed to it. Ask for Form 801, the Report of Job Injury or Illness. Keep a copy of your report.
2. Seek medical care and explain your work duties.
Your employer cannot choose your attending physician for you. You generally may choose a qualified provider, subject to managed care organization rules if your claim is enrolled in an MCO. Tell the provider the condition may be work-related and help complete Form 827.
3. Ask for legal help when a dispute develops.
Discuss a denial, treatment dispute or reduction in benefits promptly. This guide to choosing a work injury lawyer lists questions to ask before hiring an attorney.
4. Keep copies of the claim forms.
Return your completed Form 801 to your employer and retain a copy. The employer must report the claim to its insurer within five days of notice or knowledge. If the employer won’t report it, contact the insurer directly.
5. Keep medical, wage and communication records.
Save medical notes, restrictions, pay records and claim letters. Write down when you reported symptoms and who you spoke with. Use the injury documentation checklist to organize the file, including evidence when no one saw the incident.
6. Respond accurately during the investigation.
Answer questions truthfully and distinguish what you remember from what you’re unsure about. If you receive an examination notice or a request you don’t understand, seek advice promptly.
7. Read the insurer’s written decision.
Check which conditions were accepted or denied. If the decision doesn’t match your understanding, keep the notice and ask about your options before its response deadline. Don’t assume every later treatment or benefit dispute uses the same procedure.
Get help with a disputed shoulder injury claim.
If treatment is delayed, your shoulder claim is denied or your time-loss checks seem wrong, Aldrich & Brunot, LLC can discuss the issue. Bring the insurer’s notice, your work restrictions and the records you have.
This article provides general information. For advice about your particular circumstances, consult an attorney.