OREGON WORKERS COMP. LAWYERS Of For The Injured Worker can help you with your Workers Compensation claim in:
Baker County, Harney County, Morrow County, Benton County, Hood River County, Multnomah County, Clackamas County, Jackson County, Polk County, Clatsop County, Jefferson County, Sherman County, Columbia County, Josephine County, Tillamook County, Coos County, Klamath County, Umatilla County, Crook County, Lake County, Union County, Curry County, Lane County, Wallowa County, Deschutes County, Lincoln County, Wasco County, Douglas County, Linn County, Washington County, Gilliam County, Malheur County, Wheeler County, Grant County, Marion County, Yamhill County
The Workers' Compensation Division (WCD) of the Department of Consumer and Business Services administers and enforces Oregon's workers' compensation laws. The following brief summary is intended to provide a general overview of Workers' Compensation coverage and benefits in Oregon. See the separate topic for help with acronyms. For further information contact your local or state Workers' Compensation Program office. This information is based on data originally provided by the U.S. Department of Labor and updated by WCD, and is believed current as of January 2011.
In Oregon, compensation benefits are adjusted annually, and changes become effective July 1 of each year. The rates shown below are in effect from July 1, 2010 to June 30, 2011, unless otherwise noted.
Type of Law and Insurance Requirements
In Oregon, workers' compensation is compulsory, and no waivers are permitted. There is a competitive state fund. Employers may insure through private carriers, self-insurance, or through groups of employers. There is no exemption for employers with small numbers of employees.
Coverage of Agricultural Workers
Agricultural workers are covered the same as all other employees.
Coverage of Domestic Employees
Employers are permitted to provide voluntary coverage.
Full medical benefits are provided with no time or monetary limitations.
Benefits for Temporary Total Disability (TTD)
The percentage of worker's wage paid is 66 2/3. For weekly payments, the minimum is $50 or 90% of actual wage if less, and the maximum is $1,089.78, 133% of SAWW. The maximum period of payments is the duration of disability.
Benefits for Permanent Total Disability (PTD)
The percentage of worker's wage paid is 66 2/3. For weekly payments, the minimum is $50 or 90% of actual wage if less, and the maximum is $819.38, 100% of SAWW. The maximum period of payments is the duration of disability. If the date of injury was on or after July 1, 1973, but prior to October 23, 1999 there is an additional $5 weekly benefit, not to exceed a specified time period as stated in the law, for each dependent up to five people. WC benefits are subject to Social Security benefit offsets.
Benefits for Permanent Partial Disability (PPD)
This paragraph applies only to claims with dates of injury before 1/1/2005. For non-scheduled injuries, the maximum period of payments is in proportion to scheduled injuries, and the maximum payment amount is $162,272. Scheduled PPD is compensated at $559 per degree of disability. From 1/1/2002, thru 12/31/2004, non-scheduled PPD is computed based on a 3-tier additive rate: the initial 64 degrees at $184 times the number of degrees; the next 96 degrees at $321 times the number of degrees; and above 160 degrees at $748 times the number of degrees.
Claims with dates of injury on or after 1/1/2005 that result in permanent partial disability must be calculated under ORS 656.214 as revised by enrolled Senate Bill 757. The terms "scheduled," "unscheduled," and "degrees" no longer apply. Impairment means the loss of use or function of a body part or system expressed as a percentage of the whole person. Impairment benefits are determined by multiplying the impairment value times 100 times the SAWW. Workers who cannot return to regular work are eligible for work disability. Work disability is determined by multiplying the impairment value, as modified by the factors of age, education, and adaptability to perform a given job, times 150 times the worker's weekly wage for the job at injury. However, the factor for the worker's weekly wage may not be more than 133 percent ($1,092.23) or less than 50 percent ($409.69) of the SAWW.
Oregon law covers some disfigurement. There is no set dollar amount; however, compensation is payable only if disfigurement results in certain psychological adjustment problems.
Offset Provisions in State Laws
Section 656.209–Provides for a Social Security offset against permanent total disability benefits determined and authorized by the Department in each case. Such offsets must not result in a reduction of benefits to an amount less than the greater of the workers' compensation benefit, the total family benefit under Social Security, or 80 percent of the average current earnings as determined by Social Security.
Workers' Compensation Division
Department of Consumer and Business Services
350 Winter St. NE, Rm. 27
PO Box 14480
Salem, OR 97309-0405
Phone: (503) 947-7810
TTY: (503) 947-7993
Fax: (503) 947-7514