When an Oregon car accident happens while you are working, special rules apply that could jeopardize your right to recovery. To avoid claim traps the injured worker must correctly and timely respond to the workers’ compensation carrier’s notice.
After the injury, the injured worker will receive a “NOTICE OF ELECTION” letter from SAIF, Liberty or another workers compensation insurer. KEY POINT: The injured worker must correctly respond to the “NOTICE OF ELECTION” letter within 60 days. To know how to correctly respond, the injured worker should contact an attorney as soon as possible upon receipt of the “NOTICE OF ELECTION” letter. Should the injured worker fail to respond within 60 days, then the workers’ compensation carrier may settle the worker’s claim for whatever that carrier sees fit. In the end, the injured worker may end up with unreimbursed medical bills, and less than full injury compensation.
Should the worker elects to pursue his or her own recovery, bringing a civil action will have no effect upon the worker’s (or beneficiaries) right to workers’ compensation insurance benefits on this claim. But, there are risks with pursuing recovery too. For example, the worker has 150 days to file suit on his or her claim or the worker may waive recovery rights. Any settlement will still need written approval from the worker’s compensation carrier.
If you were injured in an auto accident while on the job, contact an attorney who has experience in workers’ comp and auto injury accident claims. Richard Rizk has defended and prosecuted workers’ compensation claims and as well as auto injury claims.