656.265 Notice
of accident from worker.
(1)(a) Notice of an accident resulting in an injury or death shall be given
immediately by the worker or a beneficiary of the worker to the employer, but
not later than 90 days after the accident. The employer shall acknowledge
forthwith receipt of such notice.
(b) Notwithstanding
paragraph (a) of this subsection, if an injured worker has not submitted a
claim under this chapter but has submitted a claim to a health benefit plan
that provides benefits to the worker, and the health benefit plan rejects the
claim as being work related, the injured worker may file a claim under this
section within 90 days from the date the health benefit plan rejects the claim.
If a claim filed under this section is denied, the workers’ compensation
insurer or self-insured employer shall inform the health benefit plan of the
denial and the health benefit plan shall process the claim for payment in
accordance with the terms, conditions and benefits of the plan.
(2) The notice
need not be in any particular form. However, it shall be in writing and shall
apprise the employer when and where and how an injury has occurred to a worker.
A report or statement secured from a worker, or from the doctor of the worker
and signed by the worker, concerning an accident which may involve a
compensable injury shall be considered notice from the worker and the employer
shall forthwith furnish the worker a copy of any such report or statement.
(3) Notice shall
be given to the employer by mail, addressed to the employer at the last-known
place of business of the employer, or by personal delivery to the employer or
to a foreman or other supervisor of the employer. If for any reason it is not
possible to so notify the employer, notice may be given to the Director of the
Department of Consumer and Business Services and referred to the insurer or
self-insured employer.
(4) Failure to
give notice as required by this section bars a claim under this chapter unless
the notice is given within one year after the date of the accident and:
(a) The employer
had knowledge of the injury or death;
(b) The worker
died within 180 days after the date of the accident; or
(c) The worker or
beneficiaries of the worker establish that the worker had good cause for
failure to give notice within 90 days after the accident.
(5) The issue of
failure to give notice must be raised at the first hearing on a claim for
compensation in respect to the injury or death.
(6) The director
shall promulgate and prescribe uniform forms to be used by workers in reporting
their injuries to their employers. These forms shall be supplied by all
employers to injured workers upon request of the injured worker or some other
person on behalf of the worker. The failure of the worker to use a specified
form shall not, in itself, defeat the claim of the worker if the worker has
complied with the requirement that the claim be presented in writing. [1965
c.285 §30a; 1971 c.386 §2; 1981 c.854 §18; 1995 c.332 §29; 2003 c.707 §1; 2015
c.259 §1]
Notes of Decisions
Godfrey v. Fred Meyer Stores (2005)
orctapp · cites it 72×
“The employer shall acknowledge forthwith receipt of such notice. "(2) The notice need not be in any particular form.”
Vsetecka v. Safeway Stores, Inc. (2004)
or · cites it 23×
“Employer denied the claim on the ground that claimant had failed to give it timely written notice in accordance with ORS 656.265. 1 That statute provides, in part: “(1) Notice of an accident resulting in an injury or death shall be given immediately by the worker or a dependent…”
Keller v. SAIF Corp. (2001)
orctapp · cites it 42×
“The case turns on an interpretation of ORS 656.265. As relevant, that statute provides: "(1) Notice of an accident resulting in an injury or death shall be given immediately by the worker or a dependent of the worker to the employer, but not later than 90 days after the accident.”
Frasure v. Agripac, Inc. (1980)
or · cites it 28×
“ORS 656.265. "Contrary to petitioner’s arguments, our decision in the case at bar therefore does not change the existing rules allowing employers to commence payments to injured claimants immediately after the accident (within 14 days under ORS 656.”
Fred Meyer Stores v. Godfrey (2008)
orctapp · cites it 20×
“Employer thereafter denied the claim, asserting that claimant had failed to file timely written notice as required by ORS 656.265. Claimant requested a hearing before the hearings division.”
Brown v. SAIF Corp. (2017)
or · cites it 2×
“That a compensable “injury” and the accident that may have caused it are separate things is further suggested by ORS 656.265, which, as we have noted, requires the *258 worker to provide “[n]otice of an accident resulting in an injury.”
Vsetecka v. Safeway Stores, Inc. (2002)
orctapp · cites it 14×
“ORS 656.265 provides, in part: "(1) Notice of an accident resulting in an injury or death shall be given immediately by the worker * * * to the employer, but not later than 90 days after the accident.”
Colvin v. Industrial Indemnity (1986)
or · cites it 6×
“She seeks both reversal of the Court of Appeals interpretation of the knowledge requirement stated in ORS 656.265(4) (a) 1 and remand to the Court of Appeals to determine whether respondent was prejudiced by her untimely notice.”
Inkley v. Forest Fiber Products Co. (1980)
or · cites it 3×
“ORS 656.265(1). Notice to the employer serves the same function as filing a claim under the Occupational Disease Law.”
Satterfield v. STATE COMPENSATION DEPARTMENT (1970)
orctapp · cites it 11×
“The employer shall acknowledge forthwith receipt of such notice. "* * * "(4) Failure to give notice as required by this section bars a claim under ORS 656.”
Bakker v. Baza'r, Inc. (1976)
or · cites it 2×
“[9] No finding was reached upon the question whether plaintiff's injury was "intentional" or was the result of an "unprovoked aggression," as also contended by plaintiff.”
Federal Express Corp. v. Estrada (2015)
orctapp · cites it 6×
“At the hearing, the parties’ arguments focused on ORS 656.265, which provides, in pertinent part: “(1) Notice of an accident resulting in an injury or death shall be given immediately by the worker or a dependent of the worker to the employer, but not later than 90 days after…”
— Or. Rev. Stat. § 656.265(1) — 31 cases
Godfrey v. Fred Meyer Stores (2005)
orctapp
“The employer shall acknowledge forthwith receipt of such notice. "(2) The notice need not be in any particular form.”
Frasure v. Agripac, Inc. (1980)
or
“ORS 656.265. "Contrary to petitioner’s arguments, our decision in the case at bar therefore does not change the existing rules allowing employers to commence payments to injured claimants immediately after the accident (within 14 days under ORS 656.”
Vsetecka v. Safeway Stores, Inc. (2004)
or
“Employer denied the claim on the ground that claimant had failed to give it timely written notice in accordance with ORS 656.265. 1 That statute provides, in part: “(1) Notice of an accident resulting in an injury or death shall be given immediately by the worker or a dependent…”
Keller v. SAIF Corp. (2001)
orctapp
“The case turns on an interpretation of ORS 656.265. As relevant, that statute provides: "(1) Notice of an accident resulting in an injury or death shall be given immediately by the worker or a dependent of the worker to the employer, but not later than 90 days after the accident.”
— Or. Rev. Stat. § 656.265(1)(a) — 8 cases
— Or. Rev. Stat. § 656.265(2) — 5 cases
Godfrey v. Fred Meyer Stores (2005)
orctapp
“The employer shall acknowledge forthwith receipt of such notice. "(2) The notice need not be in any particular form.”
Vsetecka v. Safeway Stores, Inc. (2004)
or
“Employer denied the claim on the ground that claimant had failed to give it timely written notice in accordance with ORS 656.265. 1 That statute provides, in part: “(1) Notice of an accident resulting in an injury or death shall be given immediately by the worker or a dependent…”
Vsetecka v. Safeway Stores, Inc. (2002)
orctapp
“ORS 656.265 provides, in part: "(1) Notice of an accident resulting in an injury or death shall be given immediately by the worker * * * to the employer, but not later than 90 days after the accident.”
— Or. Rev. Stat. § 656.265(3) — 2 cases
— Or. Rev. Stat. § 656.265(4) — 30 cases
Keller v. SAIF Corp. (2001)
orctapp
“The case turns on an interpretation of ORS 656.265. As relevant, that statute provides: "(1) Notice of an accident resulting in an injury or death shall be given immediately by the worker or a dependent of the worker to the employer, but not later than 90 days after the accident.”
Bakker v. Baza'r, Inc. (1976)
or
“[9] No finding was reached upon the question whether plaintiff's injury was "intentional" or was the result of an "unprovoked aggression," as also contended by plaintiff.”
Frasure v. Agripac, Inc. (1980)
or
“ORS 656.265. "Contrary to petitioner’s arguments, our decision in the case at bar therefore does not change the existing rules allowing employers to commence payments to injured claimants immediately after the accident (within 14 days under ORS 656.”
Colvin v. Industrial Indemnity (1986)
or
“She seeks both reversal of the Court of Appeals interpretation of the knowledge requirement stated in ORS 656.265(4) (a) 1 and remand to the Court of Appeals to determine whether respondent was prejudiced by her untimely notice.”
— Or. Rev. Stat. § 656.265(4)(a) — 21 cases
Keller v. SAIF Corp. (2001)
orctapp
“The case turns on an interpretation of ORS 656.265. As relevant, that statute provides: "(1) Notice of an accident resulting in an injury or death shall be given immediately by the worker or a dependent of the worker to the employer, but not later than 90 days after the accident.”
Frasure v. Agripac, Inc. (1980)
or
“ORS 656.265. "Contrary to petitioner’s arguments, our decision in the case at bar therefore does not change the existing rules allowing employers to commence payments to injured claimants immediately after the accident (within 14 days under ORS 656.”
Colvin v. Industrial Indemnity (1986)
or
“She seeks both reversal of the Court of Appeals interpretation of the knowledge requirement stated in ORS 656.265(4) (a) 1 and remand to the Court of Appeals to determine whether respondent was prejudiced by her untimely notice.”
— Or. Rev. Stat. § 656.265(4)(b) — 2 cases
— Or. Rev. Stat. § 656.265(4)(c) — 7 cases
Federal Express Corp. v. Estrada (2015)
orctapp
“At the hearing, the parties’ arguments focused on ORS 656.265, which provides, in pertinent part: “(1) Notice of an accident resulting in an injury or death shall be given immediately by the worker or a dependent of the worker to the employer, but not later than 90 days after…”
— Or. Rev. Stat. § 656.265(5) — 3 cases
Frasure v. Agripac, Inc. (1980)
or
“ORS 656.265. "Contrary to petitioner’s arguments, our decision in the case at bar therefore does not change the existing rules allowing employers to commence payments to injured claimants immediately after the accident (within 14 days under ORS 656.”
— Or. Rev. Stat. § 656.265(6) — 2 cases
Godfrey v. Fred Meyer Stores (2005)
orctapp
“The employer shall acknowledge forthwith receipt of such notice. "(2) The notice need not be in any particular form.”
Vsetecka v. Safeway Stores, Inc. (2004)
or
“Employer denied the claim on the ground that claimant had failed to give it timely written notice in accordance with ORS 656.265. 1 That statute provides, in part: “(1) Notice of an accident resulting in an injury or death shall be given immediately by the worker or a dependent…”
— Or. Rev. Stat. § 656.265(l) — 1 case
— Or. Rev. Stat. § 656.265(l)(a) — 2 cases
Brown v. SAIF Corp. (2017)
or
“That a compensable “injury” and the accident that may have caused it are separate things is further suggested by ORS 656.265, which, as we have noted, requires the *258 worker to provide “[n]otice of an accident resulting in an injury.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.