Oregon workers' compensation insurance: Your ultimate resource

Understanding Oregon workers' compensation insurance

Oregon is situated in the Pacific Northwest and embraces a unique heritage and allure. With a rich agricultural history and breathtaking landscapes, the Beaver State offers an enchanting blend of tradition and natural beauty.

The state’s vibrant economy provides many opportunities for businesses across various sectors to prosper. Securing dependable workers' compensation insurance is paramount for safeguarding your business and its valuable employees.


What is workers' compensation?

Workers' compensation is a state-mandated insurance program for almost all employers in Oregon. Employers are required to have an active policy before hiring their first employee. Coverage provides medical and financial protection for employees who suffer work-related injuries or illnesses.

Without workers’ compensation, the cost of an injured employee’s medical treatment could become the responsibility of your business.

Oregon workers' compensation laws

The Oregon Workers' Compensation Division administers the workers’ comp law in the state. The law requires employers with one or more employees to be covered by an active workers’ compensation insurance policy.    

Businesses can obtain workers’ comp coverage through a partner like EverPeak Insurance. Alternatively, companies that meet the state’s requirements may also apply to be self-insured.

Employees can verify online if their employer has coverage.

Coverage and benefits

Who is covered?

Policies include protection for full and part-time workers — as well as your business’s financials.

Oregon’s workers' compensation law includes nearly 30 exemptions. Some include:

  • Domestic servants, like home health workers, or people working in a private home doing domestic service.
  • Employees hired by a homeowner to do gardening, maintenance, repair or remodeling work.
  • Casual employees whose work isn’t part of an employer's trade or profession.
  • Employees earning less than $500 a year.

Covered injuries and illnesses

Workers' compensation covers a range of work-related injuries and illnesses, including physical injuries resulting from an accident and occupational diseases developed over time due to job conditions. 

Benefits provided

Oregon workers’ comp insurance provides three types of benefits for work injuries:

  • Medical benefits
  • Lost wages 
  • Death benefits

These benefits include:

  • Medical treatment for work-related accidents, injuries and/or illnesses 
  • Temporary disability benefits 
  • Permanent disability benefits
  • Death benefits

Oregon workers’ compensation rates

As of 2023, Oregon’s workers’ comp weekly benefit amount maximum is $1,331.48 for:

  • Temporary total disability
  • Permanent partial disability
  • Permanent total disability
  • Death benefits

Oregon workers' compensation insurance process

Filing a workers' compensation claim

In the event of a work-related injury or illness: 

Step 1: Employee reports injury to employer 

Employees in Oregon should report their injury to their employer using Form 801 as soon as possible. Employers should send it to their workers’ compensation insurance carrier within five days of receiving the notice. Additionally, employers should provide their injured worker with this form.

Step 2: Seek medical care

The employee should immediately seek medical attention and complete Form 827 with the help of your doctor

Step 3: Receive benefits

If an employer’s insurance provider accepts the claim, the worker should begin receiving benefits to cover medical expenses and may receive lost wages. 

Step 4: Return to work/permanent disability benefits

Following their recovery, a worker is expected to resume work safely. In cases where the worker cannot fully recover, they may be eligible to receive permanent disability payments.


Choosing a healthcare provider 

Unless the employer has enrolled the company in a managed care organization, employees can be treated by any health care provider who qualifies as an attending physician under Oregon state law. Employers cannot choose health care providers for their injured workers.


Compensation for missed work

If an employee is out of work:

  • Less than three days: They are not eligible for temporary disability payments.
  • More than 14 days: They are eligible for benefits retroactive to the first day they stopped work.

Resolving disputes

If an employee disagrees with their claim closure, they have the right to appeal by asking the Workers’ Compensation Division for a reconsideration. An injured worker must file for reconsideration within 60 days of the mailing date of the Notice of Closure.

How to get workers' compensation

Insurance requirements for employers

Unless exempt, employers in Oregon must carry workers' compensation insurance or qualify for self-insurance. Compliance with this requirement is essential to protect both the employer and employees.

Choosing the Right Insurance Provider

When selecting a workers' compensation insurance provider, consider factors such as the provider's experience in the industry, financial stability, coverage options, claims process, customer service, and cost. 

We recommend requesting multiple quotes and comparing the offerings before making a decision.

Covering your business and employees with a trusted insurance partner — like EverPeak — brings peace of mind so you can focus on your bottom line.

Insurance regulations, laws, and available coverages can change. The information provided on this website is for general informational purposes only. Please consult the
Oregon
Departments of Insurance and/or Labor for the most up-to-date and detailed information.

Information updated as of January 1, 2024
People sitting in a room classroom setting in an office

Frequently asked questions

expand_more
What are the penalties for non-compliance with workers' compensation laws in Oregon?

In Oregon, the penalty for a first offense if a business is without workers’ compensation coverage is twice the premium employers would have paid for insurance, with a minimum of $1,000.

If there is a second offense, the penalty will be up to $250 per day for each additional day of noncompliance after the first order. There is no limit on the total penalty assessed. 

Should a third order or more be issued, the Workers’ Compensation Division will request a permanent court injunction to force the employer to stay compliant. If they disobey the injunction, they will be in contempt of court and subject to other sanctions, including jail time.

expand_more
Can an employee sue their employer for a work-related injury or illness?

In most cases, policies bar employees in Oregon from suing their employers for work-related injuries or illnesses. The workers' compensation system provides an exclusive remedy, meaning that employees typically cannot file a lawsuit against their employers. Instead, they must pursue a workers' compensation claim to receive benefits for their injuries or illnesses.

expand_more
Are independent contractors covered by workers' compensation insurance?

Generally, a business’s workers’ compensation policy does not cover independent contractors in Oregon. Workers' compensation laws typically apply to employees rather than independent contractors.

However, it's important to note that the classification of a worker as an independent contractor or an employee can be complex, and misclassification can lead to legal disputes. If unsure whether an independent contractor should be treated as an employee, seek legal guidance.

expand_more
How long do I have to report a work-related injury or illness?

The incident should be reported immediately or within a few days of the occurrence. Prompt reporting helps ensure the necessary steps are taken to initiate the workers' compensation claims process.

expand_more
How do I verify an employer’s coverage?

Employees can verify online if their employer has coverage.

Expert assistance and resources