If you did not report your injury to your supervisor or employer within the 90 days allowed by Oregon to file a claim for injury, it is possible to extend the time to file your claim to one year, but it can be difficult because you must establish “good cause” for failing to file your claim within the first 90 days of your injury. If you file your claim after 90 days from your injury you can expect to get a denial from the insurer.
It is very difficult to establish “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.
It is best to contact an attorney to assist you with filing your claim if it is more than 90 days since your injury happened and you did not report it to your supervisor or employer. You want to speak with an attorney before your recorded statement is taken to be sure that you don’t accidently use a phrase that will cause your claim to be denied, and to be sure and provide all relevant information up front that will assist with establishing “good cause” under Oregon’s “reasonable worker” standard.
If you already have a denial you should contact an attorney to see if your reasons for not filing a claim within 90 days of your injury establish “good cause” under Oregon’s “reasonable worker” standard.