Oregon Workers' Comp Retaliation: Your Rights & Remedies (2026)

Oregon law prohibits employers from retaliating against employees for exercising workers' compensation rights.

Legal Protections

ORS 659A.040

Prohibited: Discrimination against employee for:

• Filing workers' compensation claim
• Exercising rights under workers' comp law
• Testifying in proceeding

Civil Rights Division: Enforces anti-retaliation law

Prohibited Actions

• Termination for filing claim
• Demotion or pay reduction
• Hostile work environment
• Refusal to rehire
• Threats or intimidation

Proving Retaliation

1. Protected activity (filed claim)
2. Adverse employment action
3. Causal connection

Evidence: Timing, shifting explanations, positive work history

Remedies

BOLI Complaint

File with: Bureau of Labor and Industries (BOLI) Deadline: 1 year from discriminatory act Investigation: BOLI investigates Remedies: Reinstatement, back pay, emotional distress, civil penalties

Civil Lawsuit

Alternative: Can file in circuit court Statute of limitations: 1 year from discrimination Damages: Reinstatement, back pay, front pay, emotional distress, punitive damages, attorney fees

Wrongful Discharge in Violation of Public Policy

Common law claim: Termination violating public policy Workers' comp retaliation: Violates clear public policy

Steps if Facing Retaliation

1. Document everything
2. File workers' comp claim (if not filed)
3. File BOLI complaint or consult attorney
4. File lawsuit if necessary

FAQs

Q: Can I be fired while on workers' comp? A: Yes, if for legitimate non-retaliatory reason.

Q: Where do I file retaliation complaint? A: BOLI or circuit court (1-year deadline).

Q: How do I prove retaliation? A: Timing after claim, inconsistent reasons, positive performance history.

Related Topics

• Filing an Oregon Workers' Comp Claim
• Oregon Workers' Comp Benefits
• Oregon Workers' Compensation Overview
• Workers' Compensation Retaliation (Federal)

Last updated: January 5, 2026