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Prior to my injury, I worked for a manufacturing facility.

The worker does not report to work as specified in the employer´s suitable job offer.

The worker clearly abandons future employment with the employer.

The employer discharges the worker for reasons not connected with the injury and for which others are or would be discharged.

Three years have elapsed since the date of the worker´s original injury.

Demand for reinstatement is not made by the worker within seven days from the date the worker is notified by the insurer or self-insured employer by certified mail that the worker´s attending physician has released the worker to the former position (for loss of reinstatement rights) or for reemployment (for loss of reemployment rights).

The worker refuses a bona fide offer of suitable light duty or modified employment from the employer before becoming medically stationary.

The worker accepts suitable employment with another employer after becoming medically stationary.

The worker is eligible for and participates in vocational assistance under ORS 656.340.

The worker is determined to be medically stationary and not physically able to return to the former position (for loss of reinstatement rights) or to any position (for loss of reemployment rights).

You could lose the right to reinstatement/re-employment if any of the following occurs: Are there other ways I could lose reinstatement / reemployment rights? It is possible to forfeit your right to reinstatement or reemployment if you don’t make timely demands. (A suitable position here means one that is substantially similar to your former position in terms of compensation, duties, skills, location, duration (full or part-time, temporary or permanent) and shift.)Īlso, you’ll want to move quickly to protect your rights.

If your employer falls short of that mark, but has at least six employees (or again had six employees at the time of your injury) you are still entitled to reemployment in a position that is both available and suitable. Assuming your employer has 21 or more employees (or had 21 employees at the time of your injury) you are entitled to reinstatement to your former position. To find out more in your particular situation, contact the Workers’ Compensation Division at 80 (toll-free) 50 ready to get back to work, what are my rights?Ĭongratulations on your recovery. It can also start the clock on you protected leave under the Oregon Family Leave Act (assuming you’ve worked long enough for a covered employer). Declining work that fits within your restrictions may as well. Accepting the work will likely impact the amount of workers’ compensation benefits you receive. Your employer may offer you a position that fits within your current medical restrictions - either a modified form of your previous position or a different (but suitable) job. Within limits, Workers’ Compensation benefits typically provide time-loss payments for physician-authorized time off or modified (“light duty”) that is paid at less you’re your previous rate of wage. I’m not back 100% after an injury at work, but my employer is offering me a light duty position at a substantial pay cut. Employers may ask whether you can perform the essential functions of the job - either with or without a reasonable accommodation. No, employers should not ask about workplace injuries. Can employers ask whether I’ve had a workplace injury?

They can help you navigate the process as well as any challenges that you are facing. In addition, the Ombudsman’s Office for Injured Workers serves as an independent advocate for workers injured on the job. Injured worker guide available online to help you get the immediate help you need. Injured workers in Oregon have the right to file a claim, seek medical care, and access benefits for time off. If you believe you were injured at work or suffer from an illness because of your job, tell your employer as soon as possible.