Timely Reporting of Workers’ Compensation Claims
The Workers’ Compensation Board held recently that when a home-care worker told her employer that she was in the motor vehicle accident (MVA) on her way home, after finishing work, her claim was not compensable. She told her boss some 6 months later that she had actually been in the MVA on her way to a client’s home. Finding insufficient evidence regarding when the MVA occurred, the Board held that the worker’s claim was barred since the worker had not reported the injury withing the statutorily required 90 days.
A note to home-care workers: Be sure to advise your employer if you get in a motor vehicle accident while coming or going from a client’s home. All workers would be well-advised to notify your employer or supervisor of an injury or accident immediately, even if you don’t seek medical treatment right away. Failure to promptly report a claim may defeat your right to benefits under the Oregon Workers’ Compensation Act.
If you have questions regarding your workers’ compensation claim, please contact the law office of Philip H. Garrow at 541-382-3736.