Retaliation for Filing Workers' Comp in Oregon
Whether an employer in Oregon can fire or punish you for filing a workers' comp claim, and what you can do.
Short 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… ORS 659A.040, 659A.043, 659A.046
| 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 |
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| 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. |
Where to get help in Oregon
More Oregon workers' compensation
- Filing a Workers' Comp Claim in Oregon
- How Much Workers' Comp Pays in Oregon
- Workers' Comp Settlements in Oregon
- Suing Over a Work Injury in Oregon
- Appealing a Denied Workers' Comp Claim in Oregon
- All Oregon workers' compensation rules
FAQ
Can you be fired for filing workers' comp in Oregon?
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.
How do you appeal a denied workers' comp claim in Oregon?
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.
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.