Employers continue to break Oregon's laws against firing someone because they get hurt on the job and use workers' compensation to pay for the medical bills. Recently, I filed a lawsuit alleging illegal retaliatory, wrongful discharge by a construction contractor against its worker. I won't talk about the facts of that case. Instead, this post discusses the rights of workers.
Workers' compensation is a compromise. Employers must insure workers against on the job injuries. It is a no-fault system. If you are injured on the job, then the insurer pays. In exchange, for guaranteed coverage, employees cannot sue the company for negligence. The purpose and effect is to save the company money from having to defend lawsuits and pay the higher monetary awards people get with personal injury lawsuits.
But some companies are greedy and seek additional, illegal savings.
If lots of people get hurt on dangerous jobs, then insurance premiums will increase. Some employers will intimidate workers, "If claims are filed, then premiums go up, and we might need to lay off employees." In other words, if you file a claim we will get rid of you.
Some Oregon employers encourage workers to use their regular medical insurance and offer to pay employee's health insurance deductible if they do not mention that they got hurt at work.
Here's what you need to know:
- You have a right to medical coverage when hurt on the job.
- You have a right to reinstatement to your old job when you recover.
- You can sue your employer if it punishes you for reporting a work injury and using the workers compensation.
- The right to sue for retaliation is not just if the company fires you, but discriminates in any way, such as giving you a less desirable shift, job, or lower-paying work.
Jeff Merrick, Oregon Trial Attorney
Injury & Employment Law
503-665-4234
The above is not legal advice. I cannot give you sound advice without knowing more information. It is intended to raise some issues for you to discuss with your own lawyer.
