Filing a Workers' Comp Claim in Oregon
The deadlines to report a work injury and file a claim in Oregon, how to file, and how to appeal a denial.
Short 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; ORS 656.265
| 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 |
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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 |
| 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 |
| 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. |
| 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 |
Where to get help in Oregon
More Oregon workers' compensation
- How Much Workers' Comp Pays in Oregon
- Workers' Comp Settlements in Oregon
- Retaliation for Filing Workers' Comp in Oregon
- Suing Over a Work Injury in Oregon
- Appealing a Denied Workers' Comp Claim in Oregon
- All Oregon workers' compensation rules
FAQ
How long do you have to report a work injury in Oregon?
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.
What is the deadline to file a workers' comp claim in Oregon?
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.
How do you file a workers' comp claim in Oregon?
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.
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.
How do I file or check a workers' comp claim online in Oregon?
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.
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.