Oregon’s workers’ compensation laws are governed by its Oregon Revised Statutes Section 656.001. The rules and procedures created by this act are administered and enforced by the Oregon Workers’ Compensation Division. Similar to nearly every other state, all employers in Oregon are required to have workers’ compensation insurance or be self-insured, though there are some exceptions for certain employees.
Below is a short breakdown of your rights and responsibilities as an employee, how to file a claim and how an attorney can help you.
Who Is Protected by Workers’ Compensation Laws in Portland, OR?
Under Oregon’s workers’ compensation laws, almost all types of employees are covered, though there are some notable exclusions.
Types of employees that are typically covered under workers’ compensation coverage include:
- persons employed by a business with one or more employees
- full- and part-time employees
- municipal workers who are full- or part-time employees
- any state, county, city, district or agency that pays wages to a worker
Types of workers that are generally not covered by workers’ compensation laws include:
- domestic servants working in or about a private home
- workers employed to do gardening or other maintenance tasks at the private home of their employer
- workers employed on a casual basis for a total cost of $1,000 or less in a 30-day period
- workers that transport goods between states and who have an employer with no fixed place of business in Oregon
sole proprietors - members or managers of limited liability companies (LLCs)
- an individual performing services for room and board with a charity or religious organization
- volunteer personnel participating in ACTION programs
- amateur Olympic athletes
- independent contractors
Workers’ Rights Under Portland, OR Workers’ Comp Laws
As an employee under workers’ compensation rules, you have the right to file a claim with the Workers’ Compensation Division of Oregon, and your employer cannot force you not to file a claim. In addition, an employer cannot force you to work as an independent contractor or other exempt worker to avoid giving you coverage.
You also have the right to medical treatment for your work-related injuries. Depending on the severity of your injuries, you will be paid for time lost due to a partial or full disability from a work-related injury.
You also have some responsibilities, such as reading all notices regarding all notices and correspondence regarding your claim, keeping copies of all letters you receive, attending all of your medical appointments and letting your employer know when your physician says you are able to work. Failure to stay in step with your responsibilities could jeopardize your claim.
Filing Process for Workers’ Compensation in Portland, OR
Immediately following a work-related injury or noticing an illness, you need to report the incident to your employer using Form 801—this will be provided to you by your employer. When you see a doctor for your injury or condition, they will assist you in filling out Form 827, which highlights their report on your work-related injury.
Form 801 should be sent to your employer’s insurer within five days of submitting it. Likewise, Form 827 should be sent to the insurer by your physician within 72 hours.
Your employer’s insurer has 60 days from the day your employer was notified to send you a written response. This response will state if your claim was accepted or denied. If it is denied, the insurer will indicate the reasons why and notify you of the appeal process.
Workers’ Recovery for Workplace Injuries Beyond Workers’ Comp in Portland, OR
If your claim is denied, you have 60 days following receipt of the denial to send a written appeal letter to the workers’ compensation board. When appealing a denied claim, the Oregon government recommends hiring an attorney to deal with the intricacies of the appeal process.
Your appeal may be resolved through a disputed claims settlement where you waive all future benefits from the insurer in exchange for a lump-sum payment.
If you were injured on the job and your employer does not have coverage, contact an attorney right away. You may be able to sue your employer if they should have had coverage for you and they chose not to purchase it.
To do so, you will need to file a personal injury lawsuit based on a negligence claim. If the injury you received was due to a third party (i.e., not your employer), you can sue them for damages. This can be complex, so here’s an example.
You’re a construction worker delivering supplies to a site in a work vehicle. On the way, a driver runs a red light and crashes into the side of your work truck—damaging your neck and head.
Because this incident occurred on the job, you have a workers’ compensation claim with your employer. But, because you were injured by someone not involved with your employer in any way, you also have a potential personal injury lawsuit against the driver who hit you.
