Hiring a Workers' Compensation Lawyer in Oregon
The limits on workers' comp lawyer fees in Oregon, filing deadlines, how to check a lawyer's license, and free state help for injured workers. We do not recommend or rank lawyers.
What a lawyer costs in Oregon: fee rules
| Rules on contingency fees | Oregon Rule of Professional Conduct 1.5 prohibits illegal or clearly excessive fees, listing whether a fee is fixed or contingent among the reasonableness factors. Rule 1.5(c) bars fees in domestic relations matters contingent on securing a divorce or on the amount of spousal or child support or a property settlement, and contingent fees for defending a criminal case. |
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| If you disagree with a lawyer's bill | The Oregon State Bar's Board of Governors voted to sunset its Fee Dispute Resolution Program effective September 25, 2026, so the program is no longer available. The bar points to its Client Security Fund for losses caused by dishonest conduct and notes that small claims court may be an option for fee disputes of $10,000 or less. |
| If a lawyer takes your money | The Oregon State Bar's Client Security Fund may reimburse money or property taken through dishonest conduct by an Oregon lawyer or licensed paralegal while providing legal services or acting as a fiduciary. It does not cover negligence or malpractice, business or investment dealings (including loans), interest, or losses paid by insurance or bonds. Generally the lawyer must have been convicted of a crime or be subject to a civil judgment (for losses of $5,000 or less, disbarment, suspension, reprimand or resignation also qualifies), and you must have tried unsuccessfully to recover; awards are discretionary. The maximum award is $100,000 for misconduct on or after January 1, 2022 ($50,000 for earlier conduct), and no more than the fees paid or money received. Claims must be filed within two years of the latest of the conviction, judgment, discipline or resignation, or when you knew or should have known of the loss, and never more than six years after the loss. Apply online or mail the signed application to Oregon State Bar, PO Box 231935, Tigard, OR 97281; a lawyer is not required. |
Oregon rules to know first
| Lawyer fee limits | Oregon workers' compensation attorneys are paid on a contingent-fee basis: you do not pay an attorney unless the attorney wins or settles your case. Free state help: the Ombuds Office for Oregon Workers is an independent advocate that helps resolve complaints and explains workers' rights in the workers' comp system (800-927-1271), and the Workers' Compensation Division answers questions at 800-452-0288. |
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| 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 |
| 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. |
| Can you sue your employer? | Generally no. An employer that provides workers' comp coverage has exclusive liability: workers' comp replaces all other remedies against the employer, including claims under the Employer Liability Law. The protection extends to the insurer, claims administrator and the employer's officers, employees and similar persons, except for their willful and unprovoked aggression, when not engaged in a common enterprise with the worker, failure to comply with a posted safety notice, or negligence outside the capacity that gives them immunity. If the employer deliberately intended to produce the injury or death, the worker may collect benefits and also sue the employer for damages above the benefits. Source: ORS 656.018, 656.156 |
| Suing someone other than your employer | Yes. If the injury is caused by the negligence or wrong of a third person not in the same employ, the worker may elect to sue that person, and must give notice of the election to the insurer or other 'paying agency' by personal service or registered or certified mail. Benefits continue until damages are recovered, and the paying agency has a lien on the recovery. From the recovery, costs and attorney fees are paid first, the worker receives at least one-third of the balance, the paying agency is repaid for its claim costs and expected future costs, and any remainder goes to the worker. A settlement requires the paying agency's approval. |
| Filing a claim online | Tell your employer right away, fill out Form 801 (Report of Job Injury or Illness) and give it to your employer, which should send it to its insurer within five days of your notice. Tell your doctor the injury is work-related; the doctor completes Form 827 and should send it to the insurer within 72 hours. The insurer has 60 days to accept or deny and sends a written decision. If you can't file through your employer (business closed, you no longer work there, or the employer won't report it), contact the Workers' Compensation Division's Benefit Consultation Unit at 800-452-0288. Ombuds Office for Oregon Workers: 800-927-1271; WCD email workcomp.questions@dcbs.oregon.gov |
Find and check a lawyer
| Lawyer referral service | The Oregon State Bar's Legal Referral Service refers you to a lawyer near you (or near where help is needed) who may be able to help. Use the online referral request form or call 503-684-3763 (toll-free in Oregon 800-452-7636); staff work remotely and do not accept walk-ins. You must contact the lawyer within two business days to schedule an initial consultation of up to 30 minutes for a maximum fee of $50; additional fees are arranged directly with the lawyer. Participating attorneys charge for their services; the service does not offer free or pro bono attorneys. The bar's Modest Means Program offers reduced rates to eligible moderate-income Oregonians. |
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| Check that the lawyer is licensed | The Oregon State Bar's Licensee Directory can be searched by last name, first name, bar number or city (including previous names). The bar describes it as a convenience for finding licensees' contact information, not a complete listing; the Client Assistance Office says it also includes disciplinary history. A Good Standing Certificate can be ordered from the bar. Help: (503) 620-0222 x0, (800) 452-8260 x0 or info@osbar.org. |
| Check discipline history or file a complaint | The Oregon State Bar's Client Assistance Office (CAO) reviews all complaints about lawyer and licensed paralegal conduct. Submit online with the ethics complaint form or mail a written complaint (no particular form required; send copies, not originals, on one side of each page) to Oregon State Bar, PO Box 231935, Tigard, OR 97281. The CAO sends a copy to the lawyer and gives you a copy of any written response; it dismisses complaints without enough basis or refers them to Disciplinary Counsel's Office for investigation, after which the State Professional Responsibility Board may dismiss, admonish or authorize formal charges. All documents the bar receives are considered public records. Disciplinary history is shown in the Licensee Directory, and records can be requested through the bar's public records portal. Phone: (503) 620-0222 or (800) 452-8260. |
Free legal help
| Free legal aid | The Oregon Judicial Department's Get Help page points people to Oregon Law Help for free legal information and help finding free or low-cost lawyers, and notes that many courts have family law facilitators who give free information and assistance to self-represented people in family law cases. LSC lists Legal Aid Services of Oregon as its Oregon grantee. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in Oregon · Background guide
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.