Appealing a Denied Workers' Comp Claim in Oregon
The deadline to challenge a denied workers' comp claim in Oregon, where to file, and the steps from hearing to appeal.
Short answer: A worker who objects to a claim denial must request a hearing no later than the 60th day after the denial is mailed, or by the 180th day if the worker shows good cause (longer only for lack of mental competency). ORS 656.319, 656.289, 656.295, 656.298
| Deadline to challenge a denial | A worker who objects to a claim denial must request a hearing no later than the 60th day after the denial is mailed, or by the 180th day if the worker shows good cause (longer only for lack of mental competency). An Administrative Law Judge's order becomes final unless a party requests review by the Workers' Compensation Board within 30 days after the order is mailed. A Board order is final unless a party seeks judicial review in the Oregon Court of Appeals within 30 days after it is mailed. |
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| Appealing a denial | A worker who objects to a claim denial must request a hearing within 60 days after the denial is mailed (or up to 180 days with good cause). An Administrative Law Judge decides the case; the order is final unless a party asks the Workers' Compensation Board to review it within 30 days after it is mailed. A Board order can be appealed to the Oregon Court of Appeals within 30 days after it is mailed. |
| Deadline to file a claim | Oregon law defines a claim as a written request for compensation by or for the worker, or any compensable injury the employer has notice or knowledge of. Claims are started by giving the employer written notice within 90 days of the accident, and late notice is allowed only within one year of the accident in limited circumstances (employer knowledge, death within 180 days, or good cause). If a health benefit plan rejects a claim as work-related, the worker may file a workers' compensation claim within 90 days of that rejection. Source: ORS 656.005(6), 656.265 |
Where to get help in Oregon
More Oregon workers' compensation
- Filing a Workers' Comp Claim in Oregon
- How Much Workers' Comp Pays in Oregon
- Workers' Comp Settlements in Oregon
- Retaliation for Filing Workers' Comp in Oregon
- Suing Over a Work Injury in Oregon
- All Oregon workers' compensation rules
FAQ
How long do you have to appeal a denied workers' comp claim in Oregon?
A worker who objects to a claim denial must request a hearing no later than the 60th day after the denial is mailed, or by the 180th day if the worker shows good cause (longer only for lack of mental competency). An Administrative Law Judge's order becomes final unless a party requests review by the Workers' Compensation Board within 30 days after the order is mailed. A Board order is final unless a party seeks judicial review in the Oregon Court of Appeals within 30 days after it is mailed.
How do you appeal a denied workers' comp claim in Oregon?
A worker who objects to a claim denial must request a hearing within 60 days after the denial is mailed (or up to 180 days with good cause). An Administrative Law Judge decides the case; the order is final unless a party asks the Workers' Compensation Board to review it within 30 days after it is mailed. A Board order can be appealed to the Oregon Court of Appeals within 30 days after it is mailed.
What is the deadline to file a workers' comp claim in Oregon?
Oregon law defines a claim as a written request for compensation by or for the worker, or any compensable injury the employer has notice or knowledge of. Claims are started by giving the employer written notice within 90 days of the accident, and late notice is allowed only within one year of the accident in limited circumstances (employer knowledge, death within 180 days, or good cause). If a health benefit plan rejects a claim as work-related, the worker may file a workers' compensation claim within 90 days of that rejection.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.