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
- Self-treatment
- 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.
