Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for your situation.
Detailed Answer
Under Oregon workers’ compensation law (ORS 656.210), you may recover benefits for lost wages if you miss work due to a work-related injury. Filing your claim accurately prevents delays. A common issue arises when an employer uses a “doing business as” (d/b/a) name that differs from its registered legal name. This discrepancy can cause your claim to be processed under the wrong entity or even denied.
1. Locate Your Employer’s Legal Name
Find the employer’s corporate or legal name, often on:
- Your W-2 or final pay stub (employer name and FEIN).
- Employee handbook, offer letter or official contract.
- Oregon Secretary of State business registry: sos.oregon.gov.
2. Incorporate Both Names in Your Claim
When completing workers’ compensation Form 827 or your employer’s injury report:
- Enter the legal name first, followed by “d/b/a” and the trade name. Example: “Acme Builders, Inc. d/b/a Acme Roofing.”
- Include the federal employer identification number (FEIN) exactly as shown on your W-2.
- Attach a cover sheet stating “Employer operates under d/b/a [Trade Name]; legal name is [Legal Name], FEIN [#######].”
3. Cite the Relevant Statutes
Under ORS 656.210, you qualify for temporary disability benefits for missed work hours: ORS 656.210. Oregon law requires insurers to pay benefits promptly under ORS 656.262: ORS 656.262.
4. Follow Up with the Insurer or Self-Insured Employer
After filing, confirm receipt with the insurance adjuster or self-insured employer’s claims department. Ask them to verify they have the correct entity on file. If they still reference the d/b/a only, resend the cover sheet and reference your Form 827 submission.
Helpful Hints
- Retain copies of all submitted forms and correspondence.
- Note all identifying information: claim number, adjuster name, dates of communication.
- Use certified mail or trackable delivery to confirm receipt.
- If confusion persists, request a written “Notice of Denial or Modification” under ORS 656.262(6).
- Seek assistance from the Oregon Workers’ Compensation Division hotline at 503-947-7588 if issues remain.