Workers' comp claim denied in Oregon: what to do next

Read the denial letter; it explains why and how to appeal. For free help asking for a hearing, call the Ombuds Office for Oregon Workers (800-927-1271).

Your employer's insurer, not the state, usually decides first. If they deny or delay, the free help listed here can explain your options.

Checked against official sources: October 31, 2026.

Deadlines are strict. If you are near one, call the state agency or free help today.

If your claim is denied or delayed in Oregon

Who decides: Workers' Compensation Board (Hearings Division administrative law judges); claim-closure disputes first go to the Workers' Compensation Division's Appellate Review Unit
First step: Read the denial letter; it explains why and how to appeal. For free help asking for a hearing, call the Ombuds Office for Oregon Workers (800-927-1271). To appeal a denial, file a Request for Hearing with the Workers' Compensation Board within 60 days after the denial was mailed.
Form: Request for Hearing (Workers' Compensation Board)
Deadline: Request a hearing within 60 days after the denial is mailed to you. A request filed within 180 days may still be heard if you show good cause for missing the 60 days.
Medical disagreements: Medical treatment and billing disputes go to the Workers' Compensation Division's Medical Resolution Team: request administrative review on Form 2842 within 90 days after you knew or should have known about the dispute. If your claim is enrolled in an MCO, first use the MCO's dispute process within 30 days after its decision, then ask the Division within 60 days after the MCO's final decision.
: Form 2842, Request for administrative review of a medical dispute
Request for Reconsideration of a Notice of Closure (WCD Appellate Review Unit)
Appealing the decision: Request review by the Workers' Compensation Board, then the Oregon Court of Appeals.

File a Request for Hearing with the Workers' Compensation Board by mail, email (request.wcb@wcb.oregon.gov), fax, in person or through the WCB portal. Any signed writing with your address that asks for a hearing counts.
You can ask for mediation with a Board administrative law judge-mediator.
An administrative law judge holds a hearing and issues an order.
If you disagree with the judge's order, you can request Board review, and after that appeal to the Oregon Court of Appeals.
If you disagree with a Notice of Closure, first ask the Workers' Compensation Division for reconsideration within 60 days; you can then request a hearing within 30 days after the Order on Reconsideration.

Law: ORS 656.283, 656.319, 656.268; OAR 436-010-0008

Source: oregon.gov

Sources

The official sources for Oregon are listed on the Oregon page.

National rules that may also matter

Not covered by state workers' comp?

These federal programs and laws cover some groups of workers instead of, or in addition to, state workers' compensation. If one of them may apply to you, check its rules and deadlines too. They are different from your state's.

Federal Employees' Compensation Act (FECA): Civilian employees of the federal government, including Postal Service employees. Official page

Longshore and Harbor Workers' Compensation Act (Longshore Act): Maritime workers such as longshore workers, harbor workers, ship repairers, shipbuilders and ship-breakers, hurt on navigable waters of the United States or on an adjoining pier, wharf, dry dock, terminal or other area used to load, unload, repair or build ships. Some groups are excluded. Official page
Longshore maximum and minimum for October 1, 2026 to September 30, 2027 (fiscal year 2027): maximum $2,163.92 a week, minimum $540.98 a week.

Law: 33 U.S.C. 906(b); DOL Longshore NAWW table

Defense Base Act: Civilian employees working outside the United States on U.S. military bases or under a contract with the U.S. government for public works or national defense. Claims are handled by the Longshore program. Official page

Federal Black Lung Program: Coal miners who are totally disabled by black lung disease (pneumoconiosis) from coal mine work, and survivors of miners whose deaths were caused by it. Official page

Energy Employees Occupational Illness Compensation Program: Current or former employees of the U.S. Department of Energy and its contractors and subcontractors, and certain uranium miners, millers and ore transporters, who became ill from toxic exposures such as radiation, beryllium or silica at covered work sites, and their survivors. The program is set up by the Energy Employees Occupational Illness Compensation Program Act (EEOICPA). Official page

Railroad workers (Federal Employers' Liability Act): Employees of railroads in interstate commerce. Instead of a workers' compensation claim, a federal law lets an injured railroad worker sue the railroad for damages caused by its negligence.

Seamen (Jones Act): A seaman injured in the course of employment may bring a lawsuit against the employer, with the right to a jury trial, under the same federal rules that apply to railroad workers.

National help

Your state workers' compensation agency answers questions about claims. Many have a free help line, an ombudsman or information officers for injured workers.

The Legal Services Corporation funds 129 nonprofit legal aid organizations in every state, D.C. and the territories. Enter your address on its website to find one near you. You can also look up legal information and free forms at LawHelp.org. Whether a local program handles workers' compensation cases varies.

LawHelp.org