If you delayed filing your claim past the 90-day allowance in Oregon, there is still hope. You can file a late claim by asking for a one-year extension, but you will have to supply a valid reason for the delay. The responsibility now falls on you to provide a reasonable explanation as to why you were unable to file the claim.
In cases like this, it’s best to choose a knowledgeable lawyer to assist with your claim because of the challenge in establishing “good cause” for delayed filing of workers’ compensation in Portland, OR. While Oregon has a “reasonable worker” standard that considers the true nature of the work accident, pursuing your case is best left to a legal representative experienced in navigating the system.
The “Reasonable Worker” Standard
Oregon’s “reasonable worker” standard takes into consideration:
- The nature of the work accident
- The worker’s understanding of the accident’s relationship with associated symptoms
- Medical evidence
- Alternative symptom explanations
- How the symptoms restricted the employee’s work and life activities
- Education and occupational background of the worker
- The reliance on legal or medical advice
These factors are weighed and will determine the establishment of “good cause.”
A delay in filing a claim is not insurmountable but does present a challenge. Your workers’ compensation lawyer is an excellent resource for determining the likelihood that your case will be heard.
PTSD occurrence is higher in some occupations than in others, although it can happen on almost any job site. Firefighters, law enforcement officers, paramedics, and hospital workers often face situations that are especially traumatic or stressful. These individuals are particularly susceptible to developing symptoms of PTSD.
Some workers’ compensation benefits in Oregon will cover the effects of PTSD depending on the circumstances. To be considered for coverage, a worker must be evaluated and diagnosed by a psychologist or psychiatrist. Workers’ compensation may cover PTSD as a purely mental injury, such as witnessing a shocking workplace event or a physical injury at work that results in PTSD.
Symptoms of Workplace PTSD
- Anger & Irritability
- Easily Startled or Jumpy
- Emotional Detachment
- Violent or Self-Destructive Behavior
- Memory or Concentration Problems
- Obsessive-Compulsive Behavior
What May Be Covered
Worker’s compensation benefits vary according to the individual circumstances, but most often, they include:
Cost of treatment covering mental health therapy and medications
Temporary disability benefits covering time off work from to process and recover from the event
Permanent disability benefits covering an individual who cannot return to work due to the severity of the traumatic event
It is essential to speak to a workers’ compensation lawyer if you believe PTSD affects your ability to do your job effectively.