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.
For many people, the most intimidating part of filing a worker’s comp claim is the hearing. It’s a crucial time that can have major impacts on your future – which is why being prepared is essential. Step one is finding a worker’s compensation attorney you in Oregon you can trust. After that, though, it’s worth getting a general idea of what to expect from your day in court. Here are a few things to consider:
The Worker – Depending on your situation and your attorney’s strategy, you may need to testify during your hearing. This is your big moment, and there are two keys to success. First, present a clear and rehearsed telling of your experience. Second, communicate the impact of the injury and the difference it’s made in your life.
The Evidence – Your worker’s compensation attorney has the job of gathering and presenting compelling evidence in support of your claim. This could be verification of your injuries, the accuracy of your testimony, or other relevant details that could impact the court’s decision.
The Resolution – After the presentations and examinations, the court will issue an opinion and order to resolve the claim. If you get the compensation you need, great! If not, that isn’t the end. Your attorney may be able to help you file an appeal.
Worker’s comp exists to protect everyday employees. No matter the work you do or the situation behind your injury, you should feel confident getting the money you need to recover well. Unfortunately, not every claim is easy to navigate. If you’re struggling with worker’s compensation in Portland, OR, take a look at these that might impact your claim:
Employment Issues – One of the most common reasons for denials is a failure to prove that a particular injury happened while “at work.” What qualifies for your case might be different depending on your field and how you generally spend your time on the clock. For many claimants, however, the real struggle is documenting the time and place of the injury so that it’s possible to present evidence during the hearing. Be sure to gather any documentation that shows you were working at the time of your injury.
Disqualifying Conduct – Some factors about the claimant can lead to a denial. Working while impaired, failing to seek medical treatment, or seeking the wrong type of treatment can all leave you with less recourse. Fortunately, a skilled lawyer can often contest accusations of misconduct.
Technical Problems – Paperwork can be confusing, and it’s all too easy to let a form or formality get in the way of your worker’s compensation claim. Make sure you work with a trusted professional who knows the ins and outs of the system.