Restoring our agreement of trust between employers and workers.
Real People. Real Stories.

The Issue

Our workers’ compensation system was based on an agreement of trust – in exchange for medical care and lost wages when injured in the workplace, employees gave up the right to take their employer to court for circumstances that lead to the injury, even if working conditions were unsafe. But over the year, court decisions, legislative changes and administrative actions eroded this agreement.

What it means

These court decisions, legislative changes and administrative actions made it more difficult, and in many cases impossible, for injured workers to get the care they need when hurt on the job.

Who is affected

Any working Oregonian whose employer carries workers compensation insurance. Injuries from any workplace incident could potentially not be covered. And when an injured worker believes the insurance company has made a mistake, these disputed claims often results in delays in treatment that can further complicate the worker’s condition.

Legislative Changes Needed to Restore Quality Care for Injured Workers

We need to restore trust and improve insurance company accountability in our workers’ compensation system so injured workers can get the care they need. Workers also face financial ruin if they do not receive their lost wages or disability payments in a timely fashion. Delays in payments by insurance companies force injured workers in to accepting small settlement offers because they urgently need to pay their bills. Oregon can help workers by taking the following actions:

  • Clarify that doctor-ordered diagnostic tests and treatment for workplace injuries can be covered by workers’ compensation insurance and allow an injured worker to seek coverage for ailments.
  • Make it so that workers’ compensation claims cannot be denied due to preexisting conditions.
  • Specify that a pre-existing condition does not include conditions related to a worker’s age, sex, race, ethnicity, genetic heritage or makeup.
  • Level the playing field between injured workers and insurance companies by making it easier for injured workers to dispute the findings of doctors employed by insurance companies. Doctors who work for insurance companies often provide a different diagnosis than the worker’s primary care provider, and current law makes it difficult to challenge the insurance company doctor’s diagnosis.

Oregon should also provide incentives to employers’ insurance companies to help injured workers in a timely fashion.

  • Require insurance companies to notify injured workers promptly if their medical bills will be covered and lost wages will be paid. Penalize insurance companies that fail to act promptly on a physician’s request to provide treatment to the worker. Provide more incentives for employers to promptly report wage levels so the worker can start getting benefits.
  • Require that injured workers get disability payments based on all disabilities that are caused by the on-the-job injury – even when an on-the-job injury aggravates a preexisting condition.
  • Streamline the process for workers who have disputes over the proper level of medical care and strengthen workers’ rights in this area.