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Oregon Workers' Compensation Laws

Sure, there are plenty of cashiers and retail workers in Oregon. But if you are from Oregon, then you know that the Beaver State is also home to some deadly professions, including logging and fishing. Whether you are wounded in Willamette Valley or hurt at Mt. Hood; if you are injured on the job, read the information below to insure that you are receiving all of the benefits you are entitled to under Oregon workers' compensation laws.

The table and information below summarize the critical aspects of Oregon workers' compensation laws

Filing Time Limits

  • Inform employer ASAP
  • For aggravated injuries: 5 years from the date of the injury or from the date of first notice of closure for a disabling claim (§ 656.273(4))
  • Hearing regarding denial of claim must be requested within 60-180 days (§ 656.319)

Time Limits on Benefits

  • 1st 3 days are only paid if you are away from work for at least 14 days (§ 656.212)
  • Otherwise, payment is due on the 14th day after notice is given to employer (§ 656.262(4))

Other Limits

  • Employers with 21 or more employees at time of injury and of request for reinstatement are required to reinstate recovered workers (§ 659A.043)

Coverage Overview

Employers in Oregon are required to maintain workers' compensation insurance for their employees, with the exception of a few categories of workers, including:

  • Domestic servants
  • Handymen/handywomen
  • Casual employment with a maximum labor cost of $500
  • Most shipping, railway, and airline workers
  • Most firefights and police
  • Ski area workers who volunteer or work only for ski passes

Any injury or occupational disease which arises out of and in the course of employment, including mental disorders, whether sudden or gradual in onset.

Benefit Amount Limits

Temporary Total Disability (TTD) benefits are limited based on the percentage change in the State Average Weekly Wage (SAWW).If you are able to work with restrictions, and those restrictions cause you to earn less money, you may be entitled to Temporary Partial Disability (TPD) benefits. TPD compensates you for the difference between TTD benefits and any wages you are able to earn.

If you are ultimately released to regular work but suffer a permanent impairment, you may be entitled to impairment benefits equal to an impairment value times 100 times the SAWW. If you are not ultimately released to regular work, you may be entitled to Permanent Partial Disability (PPD) impairment benefits equal to the impairment value times 150 times the worker's weekly wage.

If your loved one died due to a work-related injury, you may be entitled to burial expenses, with any funds not spent on burial paid directly to you. If the deceased was your spouse, you may be entitled to monthly payments of 66 2/3 percent of the deceased's average weekly age until you remarry. There are very specific criteria for who can receive death benefits, and in what amounts.

In most cases, Oregon employers with 21 or more employees both at time of injury and at the time of request are required to reinstate workers who request it.

What to Do If Your Claim is Denied

If your claim is denied, you have only 60 days (180 days if you can show good cause for delay) to request a hearing. Finally, if your injury is aggravated, you have up to 5 years from the date of the initial injury to file a claim for aggravation. You will likely want to work with an attorney when appealing a claim denial.

Have Questions About Workers' Compensation Laws in Oregon? Ask a Lawyer

If you have been denied benefits or believe you have been misdiagnosed as having less of an impairment than you believe you do, an Oregon attorney can help. Don't delay, speak with an experienced personal injury attorney today to find out how Oregon workers' compensation laws apply to your unique situation and get help filing a claim for benefits.

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