Will I Lose My Job if I File a Claim?

What Happens if I Face Retaliation?

If your employer does anything listed above, or retaliates in any way due to your claim, you have a few ways to respond:

• Document the Retaliation: Keep a record of any adverse actions or changes to your employment situation after you file a claim. You will need proof in order to have your claim taken seriously. A lawyer can help you organize and collect these records if needed. To see if a lawyer is right for you, click here.
• Contact BOLI: To resolve a retaliation case, you need to file a formal complaint with the Oregon Bureau of Labor and Industries. This organization enforces state laws related to workers’ rights. To see how to file a claim, check here.
• Legal Action: If facing retaliation from an employer, you may also consider seeking legal advice or pursuing a private lawsuit. To know if you should file a complaint or not, check here.

Right to Return to Work

If you are temporarily disabled due to a work-related injury, you have the right to return to your job once you are medically able. This includes receiving reasonable accommodations if needed. Additionally, your employer must hold your job for you during your recovery period, unless the job no longer exists for unrelated reasons. Communicate with your employer during the recovery process to make returning to work easier.

Is There a Time Limit on This?

Workers’ compensation laws do not impose a specific time limit for medical leave related to a work injury. You have the right to medical care and wage replacement benefits as long as you remain medically unable to work. However, this does not apply to family leave or non-workers’ compensation illnesses.

Protection from Unfair Treatment

After you file a claim, your employer cannot reduce your salary or benefits (like health insurance or pension benefits) in response. Additionally, your employer cannot use your claim against you in future employment decisions, such as promotions or raises. This would fall under retaliation, which can lead to legal trouble for your employer.

Whistleblower Protection

Oregon law provides protections to employees who report unsafe work conditions or workplace injuries. These protections extend to employees who raise concerns about safety violations, which may be tied to workers’ compensation claims.

What is a Whistleblower?

A whistleblower is anyone who exposes or reports information about illegal, unethical, or unsafe activities within an organization or company. Things like breaking the law, violating regulations or company policies, or actions that could harm the public or other employees should be reported. To know if you should file a complaint, check here.