Boss says use Medicare after Medford work crash can he do that?
No. If you were hurt while doing your job, Oregon workers' comp should be opened and billed first, not Medicare.
The next question you should ask is: Has my employer filed the Oregon workers' comp claim yet?
In Oregon, a work injury claim usually starts with two forms: the employer's Form 801 and the doctor's Form 827. If your Medford employer is dragging their feet, tell the clinic or hospital this was a work injury and ask whether a Form 827 was completed. Your employer is supposed to report the injury to its insurer, often SAIF or another workers' comp carrier.
Do not let "use Medicare for now" turn into a missed claim. In Oregon, you generally must give your employer notice within 90 days, and the claim usually must be filed within 1 year of the injury. The agency overseeing this is the Oregon Workers' Compensation Division in the Department of Consumer and Business Services.
If the claim is accepted, workers' comp generally pays medical treatment in full, without the copays and deductibles that can wreck a fixed income. If Medicare paid first, that can create a reimbursement problem later.
If this happened in a gas station crash, parking lot backing collision, or another vehicle incident while working in Medford, ask one more question right away: Was another driver involved? If yes, you may have both a workers' comp claim and a third-party injury claim against that driver.
If your boss threatens your job for reporting it, Oregon law bars retaliation for pursuing workers' comp benefits under ORS 659A.040.
We provide information, not legal advice. Laws change and every accident is different. An experienced attorney can evaluate your specific case at no cost.
Get help today →