Workers' comp deadlines in Oregon: tell your employer and file

Tell your employer in Oregon

Time limit

90 days

Counted from

The date of the accident

In writing?

Yes, in writing

If you are late

If you miss the 90 days, the claim is barred unless you give notice within 1 year after the accident and your employer knew about the injury, or you had good cause for the delay (or the worker died within 180 days). If a health plan rejected your claim as work-related, you can file a workers' compensation claim within 90 days after that rejection.

Illness that develops over time

For an occupational disease, file the claim with the insurer or self-insured employer within 1 year from the later of: the date you first discovered (or reasonably should have discovered) the disease, or the date you became disabled or a doctor told you that you have an occupational disease.

Tell your employer about the injury right away, and no later than 90 days after the accident. The notice must be in writing and tell your employer when, where and how the injury happened; filling out the worker part of Form 801, 'Report of Job Injury or Illness', and giving it to your employer does this. Give it to your employer by mail or in person, or to a foreman or supervisor. If you cannot notify your employer, you can notify the Workers' Compensation Division.

Law: ORS 656.265, 656.807

Source: wcd.oregon.gov

File your claim in Oregon

Time limit

90 days

Counted from

The date of the accident (up to 1 year if your employer knew of the injury or you had good cause)

What to file

In Oregon your written notice is your claim: Form 801 'Report of Job Injury or Illness' given to your employer (your doctor's Form 827 also goes to the insurer). There is no separate agency filing unless the claim is denied; then you request a hearing with the Workers' Compensation Board.

Claim form

Report of Job Injury or Illness

Who files it

You fill out the worker part of Form 801 and give it to your employer. Your employer completes its part, sends it to its workers' compensation insurer and gives you a copy. When you see a doctor, the doctor helps you fill out Form 827 and sends it to the insurer within 72 hours. If your employer is out of business or will not report your injury, call the WCD Benefit Consultation Unit at 800-452-0288.

What your employer must do

Your employer should give you Form 801, and must send your claim to its insurer within 5 days after learning of the injury. Your employer may not pay your medical bills out of pocket, and may not force you to not file a claim or to say the injury did not happen at work. Employers must post a notice saying they carry workers' compensation coverage.

When the insurer decides

The insurer must accept or deny your claim in writing within 60 days after your employer has notice or knowledge of the claim. If the insurer unreasonably delays accepting or denying the claim, or unreasonably delays paying, it can owe an extra penalty of up to 25% of the amount due, plus attorney fees. If the decision takes longer than 14 days, time-loss is paid until the decision is made. If you have private health insurance, interim medical benefits can pay for care until the claim is accepted or denied, unless the claim is denied within 14 days.

Illness that develops over time

File within 1 year from the later of the date you discovered, or should have discovered, the disease, or the date you became disabled or were told by a doctor that you have an occupational disease.

You start a claim by giving your employer the completed worker part of Form 801 within 90 days after the accident. A claim is also any work injury your employer has notice or knowledge of. A late claim may still be accepted if it is made within 1 year after the accident and your employer knew about the injury or you had good cause. If the insurer denies your claim, you must request a hearing with the Workers' Compensation Board within 60 days after the denial is mailed.

Law: ORS 656.005(6), 656.265, 656.319(1), 656.807

Law: ORS 656.262(4), (6), (11), 656.056

Source: wcd.oregon.gov

Waiting period and first payment in Oregon

Waiting period

Time-loss is not paid for the first 3 calendar days you miss work or lose wages because of the injury. If you leave work on the day of the injury because of it, that day counts as the first day. If your doctor releases you to any kind of work within the first 14 days, the first 3 days are not paid.

Paid back for the waiting days

The first 3 days are paid if you are totally disabled for at least 14 days in a row, or if you are admitted to a hospital as an inpatient within 14 days after your disability begins.

First payment

The first time-loss payment is due no later than the 14th day after your employer knows of the claim and of your disability, if your doctor has authorized time off. After that, payments are made at least once every 14 days, or on your employer's payroll schedule. If payment is late or unreasonably delayed, you can write to the Workers' Compensation Division and ask that the insurer be penalized.

How often you are paid

At least every two weeks (or on the employer's payroll schedule)

Law: ORS 656.210(3), 656.262(4)(a); OAR 436-060-0150(4)

Source: wcd.oregon.gov

Deadline if you are punished for filing

File a BOLI complaint within 1 year after the discrimination. A lawsuit must be filed within 1 year after the discrimination unless a BOLI complaint was filed on time.

Law: ORS 659A.040, 659A.820(2), 659A.875(1), 659A.885

Deadline helper

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