oregon Workers' Compensation: Fast Facts

Workers injury Logo

Coverage Requirements Under Oregon State Law

Most Oregon businesses must provide workers' compensation insurance coverage for all employees they hire. See the list of workers automatically exempt from coverage below.

Work-Related Injury or Illness Reporting Requirements

Tell your employer immediately when you have a work-related injury or illness, preferably in writing. Your employer should then notify their insurance provider within 5 days of your workplace accident or illness reporting date. You'll need to fill out and return Form 801 to complete this step. However, if you need urgent medical care, go to the closest ER or hospital before notifying your employer. You must report it to your employer within 90 days or potentially lose your right to claim Oregon workers' compensation.

Where to Seek Medical Care

You can see any doctor you like for medical treatment, including your own doctor. Be sure to tell the provider you see that your illness or injury is work-related when you're there. Under Oregon workers' compensation law, that doctor must notify your employer's insurer within 72 hours of your visit. If your employer's insurer enrolls you in a managed care organization, you must see an MCO-authorized physician for ongoing care.

Waiting Period for Lost-Wage Benefits in Oregon

Your first 3 days off are always unpaid unless you cannot go back to work for at least 2 weeks. Once you need at least 15 days off to recover, workers' comp covers those first 3 unpaid days you missed work. If you don't need at least four days off after your accident, then Oregon workers' compensation only covers medical expenses. Your employer's insurer must approve or deny your claim within 60 days of receipt.

Oregon Workers' Compensation Statute of Limitations

You have one year from your work injury or illness diagnosis date to file for Oregon workers' compensation benefits.

Oregon Weekly Compensation Rate

You can receive 66 2/3% of your gross average weekly wage (AWW), subject to the state's maximum and minimum amounts.

How Long You Can Receive Oregon Workers' Comp Benefits

  • Medical benefits: unlimited
  • Death benefits: around $25,000 for funeral and burial expenses (this number changes annually); widowed spouses can get biweekly TTD benefits until they remarry or live with a new partner for more than a year, which qualifies them for a lump-sum award .
  • Temporary Total Disability (TTD): until you return to work, or the duration of disability
  • Permanent Partial Disability (PPD): calculated based on how severe your disability is on the date they close your claim; awards of $6,000 or less get paid in a single check, while they calculate larger awards at 4.35x the current TTD rate sent in monthly payments
  • Temporary Partial Disability (TPD): benefits based on the difference between your pre-injury and post injury wages paid biweekly for the duration of disability
  • Permanent Total Disability (PTD): monthly TTD benefits for the duration of disability; you must undergo a medical exam every 2 years to re-confirm you're unable to work

Oregon Workers' Comp Coverage Exemptions

The following employees are automatically exempt from Oregon workers' compensation coverage requirements:

  • Casual employees, including anyone who earns less than $500 per year
  • Corporate officers with at least a 10% stock ownership in the business who serve on its board of directors
  • Domestic workers and others employed in a private home, such as home health aides
  • Federal employees
  • Independent contractors
  • LLC members or stockholders with at least a 10% ownership stake in the business
  • Most LLC members
  • Prison inmates

Oregon Workers' Compensation Attorney Fees

All Oregon workers' compensation attorneys work on contingency. This means you only pay legal fees when you're successful. If you don't win, then you owe your attorney $0. Oregon workman's comp lawyers may charge no more than 25% in legal fees.