Have you been injured on the job as a result of your occupational duties?
If so, you may have grounds to pursue compensation for your lost wages
and medical expenses under your employer’s
workers’ compensation insurance. In the state of Oregon, all employers are required by law to
purchase and provide workers’ compensation coverage to pay for an
employee’s losses in the event of a work-related illness or injury.
Generally speaking, basic eligibility requirements for workers’ compensation
are as follows:
- The injured party is an employee and not an independent contractor
- The party was injured or became ill while carrying out the terms of their
- The party’s injuries were not self-inflicted or the result of horseplay,
a violation of company policy, criminal activity, or some other form of
Am I an Employee or Independent Contractor?
Workers’ compensation benefits are only available to employees –
not independent contractors. While there are a number of factors that
to consider when determining the differences, in general, employees are
workers who work under the direction and control of an employer, perform
the regular business of the employer, use the employer’s tools,
occupy a long-term position with the employer, and have taxes taken out
of their pay by their employer.
Independent contractors, on the other hand, own their own tools, may only
be hired for a single job, are not performing the employer’s regular
business, and are often highly skilled. Examples of independent contractors
include freelance writers and computer consultants.
Who Is Not Covered Under Workers’ Compensation?
There are certain groups that do not need to be covered under workers’
compensation in Oregon, even if they are employees. These workers are
usually called “exempt.”
The most common exemptions include:
- Sole proprietors
- Private residence workers
- Casual laborers
- Some corporate officers
- Certain out-of-state workers
Injured on the Job? Call (541) 902-3044
If you have been injured on the job, contact Andrews Ersoff & Zantello
LLC. With more than a century of combined legal experience, our knowledgeable
Lincoln City workers’ compensation lawyers can provide the powerful
representation you need to maximize your potential compensation.
To find out more about how we can assist you, call our office or
schedule a free consultation online today.