Oregon Workers Comp Claims: Eligibility, Filing and Appeals

If you are injured at work in Oregon, you can file a workers’ compensation claim. Your workers' comp claim, if allowed, will entitle you to various benefits depending on your circumstances, including payment for medical treatment, lost wages, and the physical impairment resulting from your workplace injury.

Temporary Disability Payments

If you are unable to work due to your workplace injury, you can receive a weekly temporary disability payment of up to 66.67% of your gross wages under Oregon workers’ compensation law. To determine how much compensation you will receive for these "time loss" benefits, your employer or its insurance company will consider your wages from the previous 52 weeks.

Permanent Disability Payments

If you are permanently disabled due to your industrial injury, you will receive additional workers’ compensation benefits. 

If you are partially disabled, meaning that you are able to return to work in some capacity but you suffered some type of permanent impairment due to your injury, you will receive a “permanent partial disability” award at the time your claim is closed. Your Notice of Closure will indicate the amount of permanent partial disability you have been awarded. The State, your employer’s private insurance company, or your employer will pay this award to you.

Alternatively, if you are permanently disabled such that you are no longer able to work on a regular basis, your Notice of Closure will show you have “permanent total disability.” You will receive monthly disability payments for the remainder of your life, as long as you remain totally disabled.  Be aware that your employer will reexamine your claim approximately every other year to verify that you are not able to work.

The amount of your award is based on a rating schedule, not on your wages before you were injured. Injuries to some body parts are "scheduled," meaning there is a set amount paid for those injuries. You can usually agree to a settlement to receive your permanent disability benefits in a lump sum.

Covered Work-Related Injuries

If you believe you have sustained a workplace injury, the best course of action is to immediately notify your employer. To be a covered under workers’ compensation, your injury can be a sudden event, such as a strain while lifting; an illness; or a condition that arose over time as a result of your job duties. Basically, if you require medical treatment for an injury or condition resulting from your employment, you may have a workers’ compensation claim.

Workers’ Compensation Insurance and Claims Filing

Employers in Oregon must obtain workers’ compensation insurance through one of three means: the State of Oregon, a private insurance carrier, or the employer itself, if it is large enough to self-insure. Upon receiving notice of a potential industrial injury, the employer must file notice of the claim within five days.

Ask your employer for Form 801, which you will use to report your workplace injury. At that point, you will be able to receive workers’ compensation benefits from the insurance company or the self-insured employer.

Alternatively, you can go to your doctor and report a workplace injury. You and your doctor will then complete Form 827, and your doctor will report your injury to your employer or its workers’ compensation insurer. Your doctor must report your workplace injury within three days.

Accepting or Denying Your Claim

Your employer must accept or deny your claim within 60 days of receiving notice of your claim. If your claim is accepted, your employer or its insurance company will send you a “Notice of Acceptance,” listing the medical conditions accepted under your industrial claim. You may choose to dispute the condition(s) listed on the notice by making an appeal (see below).

If your claim is denied, your employer or its insurance company will notify you of the denial. The denial letter will contain information about how to appeal the denial.

If, while your claim is pending, you are unable to work for more than 14 days, you will begin receiving "time loss" benefits. These benefits are a portion of your salary, 66.67%. Should your claim be denied, you will not be responsible for repaying these benefits.

What if Your Claim Is Denied?

If you believe your condition has been wrongfully denied as a workers’ compensation claim, you should send your objections to the notice in writing, to your employer’s workers’ compensation insurer, or your employer if it is self-insured, detailing the reasons why you believe your workers’ compensation claim should be accepted. You can also file a Request for Hearing with the Workers' Compensation Board. If your claim is denied, you should consider discussing your case with an attorney. You may also call the Oregon Workers' Compensation Division for assistance with your claim or general questions at (800) 877-5670.

Learn more about how to appeal an Oregon workers' comp decision.