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Can I lose my job for filing a workers' compensation claim?

Like its sister states, Oregon's workers' compensation system is a no fault system, meaning that, generally speaking, no one is going to ask whether a work-related injury was due to the mistake or even the carelessness of the employee.

In other words, the system places the financial responsibility for work injuries squarely on the employer in almost all cases. This makes it easier for Portlanders who get hurt while on the job to get necessarily financial help in what will hopefully be an efficient and relatively painless manner.

Employers may not try to get around this important responsibility which, incidentally, also serves to protect them from civil lawsuits filed by injured employees. This means, among other things, that an employer cannot fire or take disciplinary action against an employee simply because he or she has filed a workers' compensation claim.

Moreover, an employer in Oregon cannot legally pressure its employees in to saying that an injury which in fact happened at work was not truly work-related and, thus, not eligible for workers' compensation benefits, nor can they interfere with the process of filing a claim.

Workers' compensation is an important part of keeping the Oregon economy afloat, and it protects both injured workers who need funds quickly to handle medical bills and lost income and employers who likely do not want to get drowned by negligence lawsuits at the hands of injured employees.

Still, there are some employers who do not appreciate the benefits workers' compensation has to offer. When they step out of line in their efforts to reduce claims, our law office can provide aggrieved workers assistance or, at a minimum, point them in the right direction for help.

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