How Long To Report A Work-related Injury?
You should always report any on-the-job injury immediately to your direct supervisor. It is best to report your injury in writing including the date, place, a brief description of what happened, and what body part was injured.
Oregon law allows a worker 90 days to file a claim for any injury they have sustained on the job. You file a claim by completing an 801-claim form. The responsibility is on the worker, not the employer, to file a claim. It is possible that this 90-day time limit can be extended to one year when a worker has reported their injury to their supervisor with the first 90 days or can establish “good cause” for failing to file their claim within the 90-day requirement.
It is very difficult to establish a “good cause” in Oregon. Oregon has a “reasonable worker” standard that considers the nature of the work accident and subsequent symptoms, the worker’s understanding of the accident’s relationship with subsequent symptoms, contemporaneous medical evidence regarding the nature of the cause of a condition, alternative explanations for symptoms, self-treatment, the degree to which the symptoms restricted the worker’s on and off work activities, the worker’s education and occupational background, and reasonable reliance on legal or medical advice. Whether “good cause” has been established is ultimately determined by a weighing of these factors and applied to the circumstances in your case
Oregon makes a distinction between a claim for an “injury” versus a claim for an “occupational disease”. You have one year from the date that you first discover your occupational disease or in the exercise of reasonable care should have discovered your occupational disease, or one year from the date you became disabled (missed time from work) or are informed by a physician that you are suffering from an occupational disease (a disease that is a result of your work duties or workplace exposures). Your claim is timely if it is filed by the later of the discussed dates.
Jodie Anne Phillips Polich has been serving the needs of injured workers since 1993 and has developed a statewide reputation for the quality of her work.