Question 1

Which employers must have workers' comp in Oregon?

Accepted Answer

Every employer that employs one or more subject workers in Oregon is subject to the workers' compensation law. All workers are subject workers except listed nonsubject workers, including domestic servants in a private home (including home health workers hired privately), workers hired for gardening, maintenance, repair or remodeling at the employer's private home, certain casual workers (labor cost under a set amount in any 30-day period), workers covered by federal compensation laws, and certain interstate transportation workers whose employer has no fixed place of business in Oregon.

Question 2

How long do you have to report a work injury in Oregon?

Accepted Answer

The worker (or a beneficiary) must give notice of an accident immediately, and no later than 90 days after the accident. Notice must be in writing and tell the employer when, where and how the injury happened; it can be mailed or personally delivered to the employer or a supervisor. A late notice bars the claim unless given within one year and the employer knew of the injury, the worker died within 180 days, or the worker shows good cause for the delay.

Question 3

What is the deadline to file a workers' comp claim in Oregon?

Accepted Answer

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.

Question 4

Is there a waiting period for workers' comp in Oregon?

Accepted Answer

Temporary disability is not paid for the first three calendar days after the worker leaves work or loses wages because of the injury, unless the worker is totally disabled for 14 consecutive days or is admitted to a hospital as an inpatient within 14 days of the start of total disability. If the worker leaves work on the day of injury, that day counts as the first of the three days.

Question 5

How much does workers' comp pay in Oregon?

Accepted Answer

Temporary total disability is 66⅔% of the worker's wages, up to 133% of the state average weekly wage, and not less than 90% of wages or $50 a week, whichever is less. Workers with more than one job at the time of injury may receive supplemental benefits for lost wages from the other jobs.

Question 6

What is the maximum workers' comp benefit in Oregon?

Accepted Answer

Effective July 1, 2026, through June 30, 2027, the state average weekly wage is $1,461.21. The Workers' Compensation Division lists a current maximum temporary disability rate of $1,943.41 per week for injuries from July 1, 2023, through June 30, 2027 (133% of the state average weekly wage for new injuries). The statutory minimum is the lesser of 90% of wages or $50 a week.

Question 7

Can you choose your own doctor for workers' comp in Oregon?

Accepted Answer

The worker may choose an attending doctor, physician or nurse practitioner in Oregon, and may change attending physicians or nurse practitioners two times without approval from the director. Choosing a doctor in another state or country requires prior approval from the insurer or self-insured employer. If the employer's insurer contracts with a certified managed care organization (MCO), the worker generally must get care through the MCO after receiving notice of enrollment.

Question 8

How does permanent disability work under workers' comp in Oregon?

Accepted Answer

For injuries on or after Jan. 1, 2005, permanent partial disability has two parts: an impairment benefit, based on the permanent loss of use or function (as a percentage of the whole person) and the state average weekly wage; and, if payable, a work disability benefit, which adjusts the impairment for age, education and ability to do the job at injury, based on the worker's wage. Permanent total disability is 66⅔% of the worker's weekly wage, for injuries on or after Jan. 1, 2018, no more than 133% and no less than 33% of the state average weekly wage at the time of injury.

Question 9

What workers' comp death benefits are available in Oregon?

Accepted Answer

For deaths from injuries on or after July 1, 2026, a surviving spouse or domestic partner receives a monthly benefit of $4,237.72 (4.35 times 66⅔% of the state average weekly wage). Each child under 19 (or 19 to 26 and in school, with a surviving parent) receives $1,589.07 a month, with a combined cap for children of $8,474.81 a month; children with no surviving parent who are 19 to 26 and in school receive $4,237.72 a month. The insurer pays funeral and final-disposition expenses up to 20 times the state average weekly wage, currently $29,224.20.

Question 10

How do you file a workers' comp claim in Oregon?

Accepted Answer

Report the injury to your employer in writing; the notice does not need to be in any particular form, but must say when, where and how the injury happened. Employers must supply the state's injury report form on request, though not using that form does not by itself defeat a written claim. A report signed by the worker, including one from the worker's doctor, counts as notice. If the employer cannot be reached, notice can be given to the Director of the Department of Consumer and Business Services.

Question 11

How do you appeal a denied workers' comp claim in Oregon?

Accepted Answer

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.

Question 12

Can you be fired for filing workers' comp in Oregon?

Accepted Answer

It is an unlawful employment practice for an employer to discriminate against a worker in hiring, job tenure or any term or condition of employment because the worker applied for or asked about workers' compensation benefits, used the workers' compensation procedures, or testified under the workers' compensation law. Injured workers also have certain rights to be reinstated to their former job, or reemployed in other suitable work, under state law.

Question 13

How long can you receive workers' comp in Oregon?

Accepted Answer

Oregon law does not set a fixed maximum number of weeks for temporary disability. Temporary total disability is paid during the period of total disability and continues until the first of several events, such as the worker returning to regular or modified work, the attending physician or nurse practitioner releasing the worker in writing to regular work, or the worker not starting written modified work the provider approved (with listed exceptions, such as a job more than 50 miles away). When the disability becomes partial, temporary total payments stop and temporary partial disability is paid in proportion to the wage loss.

Question 14

How do workers' comp settlements work in Oregon?

Accepted Answer

Yes, in two main ways. A claim disposition agreement lets the parties resolve any or all matters on a claim except medical services; it must be filed with the Workers' Compensation Board and approved by the administrative law judge who mediated it or by the Board. It is approved unless found unreasonable as a matter of law or based on intentional misrepresentation, or unless the worker, insurer or self-insured employer asks for disapproval within 30 days of submission (a represented worker may waive this 30-day right). An order approving one cannot be appealed. Separately, when there is a genuine dispute over whether a claim is compensable, the parties may settle it as a disputed claim settlement with the approval of an administrative law judge, the Board or the court.

Question 15

How do I file or check a workers' comp claim online in Oregon?

Accepted Answer

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.

Question 16

How much can a workers' comp lawyer charge in Oregon?

Accepted Answer

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.

Question 17

Can you sue your employer for a work injury in Oregon?

Accepted Answer

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.

Question 18

Can you sue a third party for a work injury in Oregon?

Accepted Answer

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.

Question 19

What if my employer doesn't have workers' comp insurance in Oregon?

Accepted Answer

An injury to a worker of a noncomplying (uninsured) employer is compensable as if the employer had complied: the Department of Consumer and Business Services refers the claim to an assigned claims agent, which processes it, and the employer must repay all claim costs and can be assessed civil penalties. The worker may also sue the noncomplying employer for damages, and the employer cannot defend by blaming a fellow worker, the worker's own negligence or assumption of risk; the worker must elect whether to recover damages from the employer, and the paying agency has a lien on any recovery.

Question 20

How long do you have to appeal a denied workers' comp claim in Oregon?

Accepted 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). 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.

Which employers must carry it	Every employer that employs one or more subject workers in Oregon is subject to the workers' compensation law. All workers are subject workers except listed nonsubject workers, including domestic servants in a private home (including home health workers hired privately), workers hired for gardening, maintenance, repair or remodeling at the employer's private home, certain casual workers (labor cost under a set amount in any 30-day period), workers covered by federal compensation laws, and certain interstate transportation workers whose employer has no fixed place of business in Oregon. Source: ORS 656.023, 656.027
Deadline to report the injury	The worker (or a beneficiary) must give notice of an accident immediately, and no later than 90 days after the accident. Notice must be in writing and tell the employer when, where and how the injury happened; it can be mailed or personally delivered to the employer or a supervisor. A late notice bars the claim unless given within one year and the employer knew of the injury, the worker died within 180 days, or the worker shows good cause for the delay. Source: ORS 656.265
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
Waiting period	Temporary disability is not paid for the first three calendar days after the worker leaves work or loses wages because of the injury, unless the worker is totally disabled for 14 consecutive days or is admitted to a hospital as an inpatient within 14 days of the start of total disability. If the worker leaves work on the day of injury, that day counts as the first of the three days. Source: ORS 656.210(3)

Weekly benefit rate	Temporary total disability is 66⅔% of the worker's wages, up to 133% of the state average weekly wage, and not less than 90% of wages or $50 a week, whichever is less. Workers with more than one job at the time of injury may receive supplemental benefits for lost wages from the other jobs. Source: ORS 656.210; DCBS Workers' Compensation Division Bulletin 111
Maximum weekly benefit	Effective July 1, 2026, through June 30, 2027, the state average weekly wage is $1,461.21. The Workers' Compensation Division lists a current maximum temporary disability rate of $1,943.41 per week for injuries from July 1, 2023, through June 30, 2027 (133% of the state average weekly wage for new injuries). The statutory minimum is the lesser of 90% of wages or $50 a week. The bulletin says it will be revised before the end of 2026 to implement changes to temporary total and permanent total disability calculations under Senate Bill 1519 (2026). Source: DCBS Workers' Compensation Division Bulletin 111 (Revised May 4, 2026); ORS 656.210
How long benefits last	Oregon law does not set a fixed maximum number of weeks for temporary disability. Temporary total disability is paid during the period of total disability and continues until the first of several events, such as the worker returning to regular or modified work, the attending physician or nurse practitioner releasing the worker in writing to regular work, or the worker not starting written modified work the provider approved (with listed exceptions, such as a job more than 50 miles away). When the disability becomes partial, temporary total payments stop and temporary partial disability is paid in proportion to the wage loss. Source: ORS 656.210, 656.212, 656.268(4)
Permanent disability	For injuries on or after Jan. 1, 2005, permanent partial disability has two parts: an impairment benefit, based on the permanent loss of use or function (as a percentage of the whole person) and the state average weekly wage; and, if payable, a work disability benefit, which adjusts the impairment for age, education and ability to do the job at injury, based on the worker's wage. Permanent total disability is 66⅔% of the worker's weekly wage, for injuries on or after Jan. 1, 2018, no more than 133% and no less than 33% of the state average weekly wage at the time of injury. Source: ORS 656.214, 656.206; DCBS Workers' Compensation Division Bulletin 111
Death benefits	For deaths from injuries on or after July 1, 2026, a surviving spouse or domestic partner receives a monthly benefit of $4,237.72 (4.35 times 66⅔% of the state average weekly wage). Each child under 19 (or 19 to 26 and in school, with a surviving parent) receives $1,589.07 a month, with a combined cap for children of $8,474.81 a month; children with no surviving parent who are 19 to 26 and in school receive $4,237.72 a month. The insurer pays funeral and final-disposition expenses up to 20 times the state average weekly wage, currently $29,224.20. Source: ORS 656.204; DCBS Workers' Compensation Division Bulletin 111

Choosing a doctor	The worker may choose an attending doctor, physician or nurse practitioner in Oregon, and may change attending physicians or nurse practitioners two times without approval from the director. Choosing a doctor in another state or country requires prior approval from the insurer or self-insured employer. If the employer's insurer contracts with a certified managed care organization (MCO), the worker generally must get care through the MCO after receiving notice of enrollment. Source: ORS 656.245
How to file	Report the injury to your employer in writing; the notice does not need to be in any particular form, but must say when, where and how the injury happened. Employers must supply the state's injury report form on request, though not using that form does not by itself defeat a written claim. A report signed by the worker, including one from the worker's doctor, counts as notice. If the employer cannot be reached, notice can be given to the Director of the Department of Consumer and Business Services. Source: ORS 656.265
Settlements	Yes, in two main ways. A claim disposition agreement lets the parties resolve any or all matters on a claim except medical services; it must be filed with the Workers' Compensation Board and approved by the administrative law judge who mediated it or by the Board. It is approved unless found unreasonable as a matter of law or based on intentional misrepresentation, or unless the worker, insurer or self-insured employer asks for disapproval within 30 days of submission (a represented worker may waive this 30-day right). An order approving one cannot be appealed. Separately, when there is a genuine dispute over whether a claim is compensable, the parties may settle it as a disputed claim settlement with the approval of an administrative law judge, the Board or the court. Medical services cannot be released in a claim disposition agreement. Source: ORS 656.236; ORS 656.289(4)
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. Source: 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. Source: ORS 656.319, 656.289, 656.295, 656.298
Retaliation for filing	It is an unlawful employment practice for an employer to discriminate against a worker in hiring, job tenure or any term or condition of employment because the worker applied for or asked about workers' compensation benefits, used the workers' compensation procedures, or testified under the workers' compensation law. Injured workers also have certain rights to be reinstated to their former job, or reemployed in other suitable work, under state law. Source: ORS 659A.040, 659A.043, 659A.046
Filing or checking 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 Source: Oregon Workers' Compensation Division, Reporting an injury and filing a claim
Lawyer fees in comp cases	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. Source: Oregon Workers' Compensation Division, What happens if I'm hurt on the job? (Publication 1138, January 2026)

Suing 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. Source: ORS 656.154, 656.578, 656.580, 656.593
If your employer has no workers' comp	An injury to a worker of a noncomplying (uninsured) employer is compensable as if the employer had complied: the Department of Consumer and Business Services refers the claim to an assigned claims agent, which processes it, and the employer must repay all claim costs and can be assessed civil penalties. The worker may also sue the noncomplying employer for damages, and the employer cannot defend by blaming a fellow worker, the worker's own negligence or assumption of risk; the worker must elect whether to recover damages from the employer, and the paying agency has a lien on any recovery. Source: ORS 656.054, 656.020, 656.578, 656.735

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