Quick Answer
Complete guide to Oregon workers' compensation including filing with WCD, benefit calculations, aggravation rights, and navigating the Oregon workers' comp system.
Oregon workers' compensation provides medical treatment and wage replacement for injured workers, administered by the Workers' Compensation Division (WCD). If you've been injured at work in Oregon, you're entitled to comprehensive no-fault benefits.
Oregon offers generous benefits including up to $1,664.63/week (2026), full medical coverage, unique aggravation rights, and substantial permanent disability awards. Understanding Oregon workers' comp laws maximizes your benefits.
Quick Facts: Oregon Workers' Compensation
| Topic | Oregon Law | Most States |
|---|---|---|
| Coverage | 1+ employees (with few exceptions) | Varies (1-4+) |
| Temporary Disability | 66.67% of average weekly wage | 60-70% AWW |
| Maximum Weekly (2026) | $1,664.63/week | Varies |
| Filing Deadline | 90 days to report; no claim deadline | 1-3 years |
| State Agency | Workers' Compensation Division (WCD) | Varies |
| Aggravation Rights | 5 years to reopen for worsening | Varies |
Who Is Covered
Employer threshold: 1+ employees (subject workers)
Covered: Full-time, part-time, seasonal, temporary, undocumented workers
Exemptions: True independent contractors, sole proprietors, certain agricultural workers, casual labor
Benefits Available
Medical Benefits
Coverage: All reasonable and necessary medical treatment
No cost: No deductibles or co-pays
Includes: Doctors, hospital stays, surgery, prescriptions, therapy, equipment, travel expenses
Doctor selection: Attend authorized attending physician; can request change
Temporary Disability
Amount: 66.67% of average weekly wage
Maximum (2026): $1,664.63/week (one of highest in nation)
Waiting period: 3 days (retroactive after 14 days)
Duration: Until able to return to suitable work or reach medically stationary status
Permanent Disability
Permanent Partial Disability: Based on whole-person impairment and loss of earning capacity
Scheduled injuries: Fixed months of benefits
Unscheduled injuries: Based on degree of disability
Permanent Total Disability: 66.67% of AWW for life (max $1,664.63/week)
Aggravation Rights
Unique to Oregon: Right to reopen claim for worsening within 5 years of last arrangement of compensation
Significant protection: Can get additional medical treatment and benefits if condition worsens
Death Benefits
Burial: Up to $10,000
Dependency: Benefits to surviving spouse and children
Filing Process
Step 1: Report injury to employer within 90 days (critical)
Step 2: Seek treatment from authorized attending physician
Step 3: Employer files Form 801 with insurer
Step 4: If denied, request hearing with Workers' Compensation Board
Report deadline: 90 days (shorter than most states)
Claim deadline: No statute of limitations if timely reported
Learn more: How to File an Oregon Workers' Comp Claim
Oregon Workers' Compensation Division
Website: www.oregon.gov/boli/workers/pages/index.aspx
Services: Ombudsman assistance, dispute resolution
Phone: (800) 452-0288
Covered Injuries
- Work-related accidents
- Occupational diseases
- Repetitive stress injuries
- Aggravation of pre-existing conditions
- Mental disorders (if major contributing cause is work)
Not covered: Self-inflicted injuries, criminal activity, intoxication (rebuttable)
Learn more: Covered Injuries in Oregon Workers' Comp
Retaliation Protections
Oregon law (ORS 659A.040) prohibits discharge for filing claims.
Remedies: Reinstatement, back pay, compensatory damages, punitive damages
Learn more: Oregon Workers' Comp Retaliation
FAQs
Q: How much will I receive? A: 66.67% of average weekly wage, maximum $1,664.63/week (2026).
Q: Can I choose my doctor? A: You must see authorized attending physician; can request change.
Q: How long to report? A: 90 days from injury (critical deadline).
Q: What are aggravation rights? A: You can reopen claim within 5 years if condition worsens—unique Oregon protection.
Q: Can I be fired? A: No. Oregon prohibits retaliation.
Q: Need a lawyer? A: Consider one for denied claims, permanent disability, or aggravation claims.
Related Oregon Topics
Legal Disclaimer
This guide provides general information about Oregon workers' compensation laws. It is not legal advice. Consult a qualified Oregon workers' compensation attorney. The 90-day reporting deadline is critical—do not delay.
Last updated: January 5, 2026
Frequently Asked Questions
Who Is Covered?
What is medical Benefits?
What is temporary Disability?
What is permanent Disability?
What is aggravation Rights?
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