Quick Answer
Step-by-step guide to filing workers' compensation claims in Oregon including Form 801, 1-year statute, and WCD process.
Filing a workers' compensation claim in Oregon involves reporting to your employer and submitting forms to the insurer and Workers' Compensation Division.
Step 1: Report Injury to Employer
Deadline: As soon as possible (strict 90-day deadline for compensation) How: Written or oral notice to supervisor or employer What to include: When, where, and how injury occurred
Critical: Failure to notify within 90 days may bar claim for compensation (medical-only claims less strict)
Step 2: Seek Medical Treatment
Provider selection: May choose own attending physician Employer may: Provide list of physicians but cannot force you to choose from list Authorization: Insurer must authorize ongoing treatment
Step 3: Employer Reports Injury
Form: Form 801 (Report of Job Injury or Illness) Deadline: Employer must report within 5 days of knowledge Filed with: Insurer and Workers' Compensation Division (WCD)
Step 4: File Worker's Report of Injury
Form: Form 801 (Worker's section) or separate Form 827 Where: Give to employer, who forwards to insurer When: As soon as possible, within 90 days for compensation claim
Step 5: Insurer Processes Claim
Investigation: Insurer reviews medical evidence, circumstances Acceptance: Issues Notice of Acceptance (specifies accepted conditions) Denial: Issues Notice of Denial Partial acceptance: May accept some conditions, deny others Timeline: Must accept or deny within 60 days (may extend to 90 days)
Step 6: If Claim Denied or Disputed
Request reconsideration: From insurer Request hearing: File with Workers' Compensation Board
Find Out If You Have a Case
Not sure if your employer broke the law or what your claim is worth? Get a free, no-obligation evaluation from an experienced employment attorney.
Filing Deadlines
Notice to employer: 90 days for compensation (medical-only more lenient) Claim filing with insurer: 1 year from injury (strict statute of limitations) Occupational disease: 1 year from diagnosis or should have known
Critical: Oregon's 1-year statute is strictly enforced. Late claims barred.
Aggravation Claims
Definition: Worsening of accepted condition after claim closure Deadline: Within 5 years of claim closure (or 60 months of last arrangement of compensation) Form: Request for Reconsideration or Hearing
Common Mistakes
- Missing 90-day notice or 1-year filing deadline
- Not getting medical documentation of work-relatedness
- Accepting claim closure without understanding permanency rights
- Not listing all injuries on Form 801
- Settling without legal advice
FAQs
Q: How long do I have to file a claim in Oregon? A: 1 year from injury date (strict deadline). Notice to employer within 90 days to preserve compensation rights.
Q: What if I miss the deadline? A: Claim may be barred. Very limited exceptions (fraud, medical inability to know of injury).
Q: Can I choose my own doctor? A: Yes. You may choose your attending physician.
Q: What if employer doesn't file Form 801? A: You can file Form 827 (Worker's Report) directly with insurer.
Q: Can I reopen my claim if condition worsens? A: Yes, file aggravation claim within 5 years of closure.
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Last updated: January 5, 2026
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