Federal & State Regulations | Workers’ compensation - Oregon

State Info

Summary of differences between federal and state regulations

There is no federal workers’ compensation requirement for most private employers.

Insurance requirement: Competitive state fund or self-insurance by private carrier, individual employers, or groups of employers.

Exemptions from WC: None.

Medical benefits provided: Full.

Physician selection: Employee selects physician.

Benefits for temporary total disability (TTD): 66 2/3 percent of worker’s wage for duration of disability.

Benefits for permanent total disability (PTD): 66 2/3 percent of worker’s wage for duration of disability. Benefits subject to Social Security benefit offsets.

Benefits for permanent partial disability (PPD): 66 2/3 percent of worker’s wage for a period in proportion to scheduled injuries. Scheduled PPD is compensated at $559 per degree of disability; non-scheduled PPD on a 3-tier, additive, rate: initial 64 degrees at $184 times number of degrees; next 96 degrees at $321 times number of degrees; above 160 degrees at $748 times number of degrees. For injury dates on/after 01/01/05, PPD includes impairment (whole person impairment times 100 times state average weekly wage) and, in absence of worker return to work at injury, work disability (impairment as modified by factors of age, education, adaptability to perform past work, times 150 times worker’s weekly wage for job at injury – with wage being no less than 50 percent or more than 133 percent of state average weekly wage).

Scheduled awards: Scheduled awards can only be granted on claims with injury dates prior to 01/01/05. Awards are reduced if TTD benefits were overpaid.

Disfigurement benefits: No set dollar amount; however, compensation is payable only if disfigurement results in certain psychological adjustment problems.

Death benefits for surviving spouse and children: 66 2/3 percent of employee’s wage for period of widow/widowerhood; children until 18. Children receive benefits beyond age 18 if disabled, or until age 23 if attending college within 6 months of high school graduation. Spouse receives 36 times the monthly benefit amount in a lump sum upon remarriage. Spouse receives 4.35 times 25 percent of state’s average weekly wage a month per child for each child under 18. If the surviving spouse dies before all children are age 18, child under 18 receives 4.35 times 25 percent of state’s average weekly wage a month until age 18.

Maximum burial allowance: The cost of burial of a deceased worker cannot exceed 10 times the state’s average weekly wage.

Waiting period: 3 days (temporary total disability only). Compensation is retroactive if disability continues for 14 days from date of injury. In-patient in hospital receives compensation from date of incapacity.

Rehabilitation: Both vocational rehabilitation (VR) and physical rehabilitation (PR) are covered. State Administrative Fund pays VR costs for injuries prior to 1986. Employer/insurer responsible for costs of post 1985 injuries including all assistance for rehab. WC Department certifies private rehab counselors and authorizes companies. Employee must accept both physical the vocational rehabilitation (VR) or compensation may be reduced or suspended and VR benefits forfeited. Appeal of insurer’s decision must be filed with the Department within 60 days. During VR employees receive TTD for 16 months while in training; may be extended to 21 months under certain conditions.

Attorney fees: 25 percent, with the maximum amount to be adjusted annually on July 1st.

Occupational hearing loss statutes: Employee has 180 days to 5 years from date of discovery to file for compensation. Compensation for one ear is $13,083 (impairment only), $83,794 (including work disability because unable to return to regular work); for two ears it is $41,314 (impairment only), $140,114 (including work disability because unable to return to regular work). There is a deduction for preexisting loss.

What’s new - http://dfr.oregon.gov/news/Pages/index.aspx

Forms - http://wcd.oregon.gov/forms/Pages/index.aspx