Archived
In the state of Oregon, is it legal for an employer to make an employee who has a preexisting condition get a fit for duty eval?
Alana's answer
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Answered on February 14, 2018
My guess is that your company is trying to get documentation of your disability so they can either accommodate you under the ADA rules or make an...
Archived
Can I take time off for doctor's appointments?
Alana's answer
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Answered on February 14, 2018
You are stuck in a little bit of a catch 22. You cannot get paid leave for a workers' comp claim until you actually have a claim (i.e., have file...
Archived
How long do I have to file a claim ? I broke my ankle.
Alana's answer
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Answered on January 28, 2018
You have 90 days from the date of injury to file the claim. However, there is one exception. You can file within a year of the injury as long as...
Archived
Short term Disability while you wait for workmen's comp?
Alana's answer
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Answered on December 29, 2017
You will be entitled to time loss if you have work restrictions for your work-related injury. This is triggered once a claim is filed (i.e., the...
I was assaulted by a co-worker at work. Can he be held liable for hitting me kicking me and broke my phone. After being yelled a
Alana's answer
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Answered on December 29, 2017
If you are injured and need medical treatment you will have a workers' comp claim. It is also possible the co-worker is liable for assault. You...
Archived
Can You Be Ordered To Full Duty From Light
Duty From On The Job Injury Without An Exam?
Alana's answer
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Answered on December 22, 2017
Only your attending physician can change your work restrictions and it should be based on an exam. However, sometimes doctors will say you are...
Illegal action after workplace injury?
Alana's answer
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Answered on October 30, 2017
You can leave work to seek medical care. However, at this point, it is too late and the question is just whether you sustained an injury and need...
Can my employer withhold my 401K while I am receiving workers comp?
Alana's answer
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Answered on September 29, 2017
You can probably only get a loan from your 401K. You usually cannot take a distribution except under very specific circumstances. But, no, the...
Would I get drug tested for my workmans comp if I'm a minor?
Alana's answer
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Answered on September 10, 2017
If they have not drug tested you yet, it is very unlikely they will. Also, if they did, and there was a positive test, it would not affect your...
Do I have to return back to work on worker comp claim if I'm not ready but my occupational dr say I am but surgeons says in not?
Alana's answer
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Answered on August 17, 2017
It depends on whether the surgeon is the attending physician. The attending physician decides your work restrictions. However, the law will also...
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