Workers’ Compensation Statute of Limitations in Portland

Workers’ compensation is a form of insurance that employers must carry to cover employees injured on the job. If you were hurt at work in Portland, Oregon, you may be entitled to benefits through the workers’ compensation insurance system. However, you need to know how deadlines set by the statute of limitations could affect your case.

At the law firm of Jodie Anne Phillips Polich, P.C., we’re dedicated to helping injured workers pursue the maximum benefits they’re entitled to under the law. Our Portland workers’ compensation lawyer can guide you through the claims process and help you avoid potential deadline issues.

Legal Options for Injured Workers in Portland

An employee injured in a workplace accident in Portland may have multiple legal options for pursuing compensation available to them. One of the most common forms of legal protection is workers’ compensation, which is a no-fault system that covers injured employees regardless of who was at fault for the accident. Workers’ compensation insurance pays for medical care and replaces a portion of lost wages. In exchange for these benefits, an injured employee cannot file a lawsuit against their employer in most cases.

On the other hand, a worker hurt by someone outside their chain of employment can file a third-party insurance claim or lawsuit against the person to blame for their injuries. For example, if you’re injured in a car accident while driving for your job, you may be able to seek compensation from the at-fault driver’s insurance carrier. This type of third-party claim allows you to seek benefits not provided by workers’ comp, including money for pain and suffering, mental anguish, other non-economic losses, and punitive damages.

Workers’ Compensation Statute of Limitations in Portland

Under Oregon law, workers must provide their employer with written or electronic notice and fill out the Report of Job Injury or Illness (Form 801) within 90 days of the injury or illness. The deadline can be extended to a year in certain limited situations. Still, you should report an injury or illness as quickly as possible.

After notice of a claim, the employer has five days to notify their workers’ compensation insurer and must provide a statement of denial or acceptance to the claimant within 60 days.

Time Limits for Oregon Third-Party Workplace Injury Claims

If you suffered injuries in a workplace accident due to the negligence of a non-employer third party, such as a subcontractor, you may be able to bring a lawsuit against the third party to recover compensation for your losses. In Oregon, the statute of limitations for filing a personal injury lawsuit is two years from the date of the injury. If you file after this deadline, the court will likely dismiss your case as untimely, costing you your rights to seek compensation.

Can the Deadline for Filing a Claim Ever Be Extended?

The 90-day deadline to file a workers’ compensation claim can be extended to one year from the date of the injury if:

The employer had knowledge of the injury.
The employee or their beneficiary had good cause for missing the deadline.
The employee died within 180 days of suffering the injury.

In Portland, injured workers have a two-year statute of limitations for filing a personal injury lawsuit. However, there are certain narrow circumstances when this deadline can be extended. For example, if the injured person is a minor at the time of the accident or has a disabling mental condition, the filing period can be extended until the legal disability ends. For a minor, that means once they turn 18. For an injured claimant with a disabling mental condition, it means once they are determined to be legally competent. However, the extension will not be extended more than one year after the disability ends or for more than five years, whichever comes first.

Why You Need to Work with Our Portland Workplace Injury Lawyer

If you were injured on the job in Portland, you might soon find that navigating the Oregon workers’ compensation system can be confusing and complicated. That is why it is a good idea to work with a qualified Portland workplace injury lawyer who can explain the process to you and comply with all applicable laws and regulations.

A workplace injury attorney at the law firm of Jodie Anne Phillips Polich, P.C., can provide valuable assistance when filing a workers’ compensation or third-party claim. Our legal team has a comprehensive understanding of the applicable laws, including the statute of limitations, and can meet all the deadlines for your claim.

Attorney Jodie Anne Phillips Polich can also help you build a strong claim by gathering and evaluating evidence such as medical records, witness statements, and employment records. She can determine whether you can pursue a workers’ compensation claim, a third-party claim, or both, then negotiate with relevant insurers for the full recovery you are entitled to.

Remember, insurance companies are for-profit businesses. Their adjusters will deny any claim they can and attempt to pay as little as possible for any they can’t – and their attorneys will protect those decisions. Having a good lawyer of your own can even the playing field and help you fight back against these tactics.

If your workers’ compensation claim is denied, Jodie Anne Phillips Polich can represent you at hearings and argue effectively on your behalf. And if the insurer fights your third-party claim, she can take them to court and argue your case.

Talk to a Portland Workers’ Compensation Lawyer for Free Today

At Jodie Anne Phillips Polich, P.C., we are dedicated to helping injured workers in Portland understand their rights and seek the compensation they are entitled to under the law. Attorney Jodie Anne Phillips Polich has been helping injured workers in Portland since 1993, and she is recognized statewide for the high quality of her work.