Why Is My Claim Non-Disabling?

Why is your claim classified as non-disabling?

When your work injury becomes an accepted workers' compensation claim, you will get a letter.  This letter is called an Initial Notice of Acceptance.  It will list the accepted condition(s) and indicate whether the claim is classified as non-disabling or disabling.  This is an important distinction because it affects the benefits you are entitled to under the claim.

Why Non-Disabling?

An Oregon workers' compensation claim is non-disabling when there are no more than three missed days of work and the injured worked will have no permanent impairment.  This means it is a very minor condition.  Maybe a bruise or cut that requires treatment, but not surgery.  Or, maybe a strain that requires physical therapy but does not cause any missed work.

A non-disabling claim does not need to be formally closed and the insurer will not rate the injury for potential permanent impairment.  There are also no aggravation rights with a non-disabling claim.

How to Reclassify Your Claim

The insurer commonly classifies claims as non-disabling incorrectly.  This saves them money if no one objects because they don't have to pay time loss, formally close the claim, or rate the injured worker's permanent impairment.

In order to reclassify your claim, you must request claim reclassification in writing.  You can do this yourself, but it is probably better to have a workers' compensation attorney do it for you.  The law is a little tricky and has deadlines that come up quickly.  The goods news is that a workers' compensation attorney will take the case on contingency and their fee will be paid separately from your benefits.

If you have more questions and wish to speak to a Portland workers' compensation attorney, contact us at any time.


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