Workers’ Compensation Laws in Oregon

Workplace injuries can happen in any industry, from construction to healthcare. If you’re injured on the job in Oregon, the state’s workers’ compensation system offers financial and medical support while you recover. These laws are designed to protect workers and ensure they receive the help they need without having to prove fault.

Oregon’s workers’ compensation system is managed by the Workers’ Compensation Division (WCD) under the Department of Consumer and Business Services (DCBS). This guide breaks down the key aspects of Oregon’s laws so you can better understand your rights and take action if you’re hurt at work.

Is Workers’ Compensation Insurance Required in Oregon?

Yes. Almost every employer in Oregon is required to carry workers’ compensation insurance for their employees. The only exceptions are for casual workers, independent contractors (if they meet specific criteria), and certain corporate officers or sole proprietors who elect out of coverage.

Employers who fail to carry workers’ compensation insurance may be subject to fines and may be held directly responsible for paying benefits to injured workers.

Who Is Eligible for Workers’ Compensation?

Most employees in Oregon are covered, including full-time, part-time, seasonal, and temporary workers. Some independent contractors may be eligible if they are misclassified and meet the criteria of an employee under Oregon law. Agricultural and domestic workers are also generally covered.

If you’re not sure about your employment classification or coverage, it’s a good idea to contact the WCD or speak with a workers’ compensation attorney.

What Types of Injuries Are Covered?

Injuries or illnesses are covered if they are caused by a specific incident at work or develop over time due to job-related activities. Examples include:

• Slips and falls
• Strains from lifting or repetitive motion
• Cuts or burns from machinery
• Illnesses from toxic exposure
• Aggravation of pre-existing conditions

To be eligible for compensation, the injury must be work-related and reported in a timely manner.

What Benefits Are Available?

Injured workers in Oregon may receive several types of benefits depending on the severity and duration of their injury:

• Medical benefits – All reasonable and necessary treatment related to the injury, including surgeries, therapy, medications, and transportation
• Temporary disability benefits – Wage replacement if you can’t work due to your injury (paid at approximately two-thirds of your average wage)
• Permanent disability benefits – If your injury leads to lasting impairment
• Vocational rehabilitation – If you’re unable to return to your original job, you may qualify for retraining or job placement assistance
• Death benefits – Surviving dependents of a worker who dies from a job-related injury or illness may receive compensation and funeral costs

All benefits are tax-free and paid regardless of fault.

How to File a Workers’ Compensation Claim in Oregon

If you’re injured on the job, take these steps as soon as possible:

1. Notify your employer immediately. You should do this within 90 days of the incident.
2. Seek medical care. Let the doctor know your injury is work-related. The provider will help complete the Form 827, which starts your claim.
3. Your employer should also provide you with Form 801, which you must fill out and return to begin the official claim process.

The insurer has 60 days to accept or deny your claim once it’s received. You will be notified by mail of the decision.

What Happens if Your Claim Is Denied?

If your claim is denied, you have the right to appeal the decision. The notice of denial will include instructions on how to request a hearing before an Administrative Law Judge (ALJ). You’ll need to act within 60 days of the denial notice to preserve your appeal rights.

You may submit medical records, witness statements, and other evidence to support your claim. It’s recommended to consult a workers’ compensation attorney if your claim is denied or if you face delays or disputes.

How Long Can You Receive Benefits?

• Temporary disability benefits continue until you’re medically stationary (meaning no further improvement is expected).
• Permanent disability benefits depend on the level of impairment and can be paid out in a lump sum or over time.
• Vocational services are usually limited to a set number of months or training hours, depending on the case.

Once your doctor declares you medically stationary, a closing exam may be required to assess long-term impairment.

Can You Sue Your Employer for a Workplace Injury?

No, in most cases, workers’ compensation is your exclusive remedy. This means you cannot sue your employer, even if they were negligent. However, there are exceptions:

• If a third party (like a subcontractor or equipment manufacturer) contributed to your injury, you may have the right to file a personal injury lawsuit against them.
• In very rare cases of intentional harm by an employer, legal action may be possible.

What Is the Statute of Limitations for Workers’ Compensation Claims in Oregon?

Workers have one year from the date of injury to file a claim. However, if you report your injury within 90 days and begin the formal process, this should preserve your right to benefits. For occupational diseases (like asbestosis or carpal tunnel), the clock begins when you discover the condition.

Delays in reporting or filing can seriously affect your ability to collect compensation, so act quickly.

What if You Were Working Out of State?

Oregon workers injured while working in another state may still be eligible for Oregon workers’ compensation benefits, depending on the nature of the job and where the employer is based. Coordination between states can be complex, so legal guidance may be helpful in these cases.

Legal Help for Workers in Oregon

• Oregon Workers’ Compensation Division (WCD)
• Ombudsman for Injured Workers (a free state resource to help workers)
• Oregon State Bar – Lawyer Referral Service
• Local union representation
• Legal Aid Services of Oregon

If you’re struggling to get your claim approved, benefits are delayed, or you’re facing retaliation, an experienced workers’ compensation attorney can help you understand your options and fight for the support you deserve.