Detailed Answer
This article explains the main paths to recover lost wages after an accident in Oregon. Each option has its own procedures, deadlines, and eligibility rules. Always consult an attorney for tailored guidance.
1. Personal Injury Lawsuit
If another party’s negligence caused your injury, you can file a personal injury claim to recover your economic losses, including past and future lost earnings. Under Oregon Revised Statutes (ORS) Chapter 31, courts may award damages for “loss of earnings” directly related to the injury. You typically must file within two years of the accident per ORS 12.110. See ORS 31.710–31.730.
2. Workers’ Compensation Benefits
If your injury occurred on the job, Oregon’s workers’ compensation system provides wage‐loss benefits. Under ORS 656.210, you may receive temporary total disability (TTD) benefits equal to two‐thirds of your average weekly wage while unable to work. If you return part‐time, ORS 656.234 provides temporary partial disability (TPD) benefits. File a claim with your employer’s insurance carrier promptly. See ORS 656.210 & 656.234.
3. Private Disability Insurance
If you carry short‐term or long‐term disability insurance through your employer or a private insurer, you can submit a claim for wage replacement. Coverage terms vary. Review your policy for benefit amounts, waiting periods, and required medical proof.
4. Social Security Disability Benefits
If injuries cause a long‐term inability to work, you may qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). Approval often takes months. Gather medical records, work history, and income statements to support your application with the Social Security Administration (SSA).
5. Other Sources
- MedPay: Optional medical payments coverage in your auto policy can reimburse lost wages up to your policy limit regardless of fault.
- Veterans’ Benefits: If you are a veteran injured in the line of duty, explore disability compensation through the U.S. Department of Veterans Affairs.
Disclaimer
This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.
Helpful Hints
- Track all medical appointments and missed work days in writing.
- Notify your employer in writing immediately after an on‐the‐job injury.
- Obtain detailed medical records and employer wage statements.
- Meet all deadlines: two‐year statute of limitations for personal injury (ORS 12.110) and 60 days to report a work injury (ORS 656.268).
- Consult with a qualified attorney early to protect your rights.