Workers' Comp Settlements in Oregon
Whether a workers' comp claim can be settled in Oregon, who must approve the settlement, and how long benefits can last.
Short answer: Yes, in two main ways. A claim disposition agreement lets the parties resolve any or all matters on a claim except medical services; ORS 656.236; ORS 656.289(4)
| 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) |
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| 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) |
| 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. |
Where to get help in Oregon
More Oregon workers' compensation
- Filing a Workers' Comp Claim in Oregon
- How Much Workers' Comp Pays 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 do workers' comp settlements work in Oregon?
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.
How long can you receive workers' comp in Oregon?
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.
How much can a workers' comp lawyer charge in Oregon?
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.
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.