Employment Law Aid

How to File a Workers' Comp Claim in Oregon: Deadlines & Process (2026)

Updated 2026-01-05
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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.

Related Topics

Last updated: January 5, 2026

Frequently Asked Questions

What is 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)
What is 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
What is 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)
What is 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
What is 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)

Legal Disclaimer

The information on this website is for general informational purposes only and does not constitute legal advice. Employment laws vary by state and change frequently. For advice specific to your situation, consult a licensed employment attorney in your state. Employment Law Aid is not a law firm and does not provide legal representation. No attorney-client relationship is created by using this website.