Title 51, Labor and Employment; Unlawful Discrimination

This chapter may be cited as the Workers’ Compensation Law. [1965 c.285 §1; 1977 c.109 §1]

Except where the context otherwise requires, the definitions given in this chapter govern its construction. [1975 c.556 §2 (enacted in lieu of 656.002)]

(1) “Average weekly wage” means the Oregon average weekly wage in covered employment, as determined by the Employment Department, for the last quarter of the calendar year preceding the fiscal year in which the injury occurred. (2)(a) “Beneficiary” means an injured worker, and th…

This chapter does not abrogate the rights of the employee under the present employers’ liability law, in all cases where the employee, under this chapter is given the right to bring suit against the employer of the employee for an injury.

Where not inconsistent with the Constitution and laws of the United States, the laws of this state relating to workers’ compensation and the duties and powers of the Department of Consumer and Business Services hereby are extended to all lands and premises owned or held by the Un…

Nothing in this chapter shall be construed to require a worker who in good faith relies on or is treated by prayer or spiritual means by a duly accredited practitioner of a well-recognized church to undergo any medical or surgical treatment nor shall such worker or the dependents…

(1) The Legislative Assembly finds that: (a) The performance of various industrial enterprises necessary to the enrichment and economic well-being of all the citizens of this state will inevitably involve injury to some of the workers employed in those enterprises; (b) The method…

(1) Every employer subject to this chapter shall maintain assurance with the Director of the Department of Consumer and Business Services that subject workers of the employer and their beneficiaries will receive compensation for compensable injuries as provided by this chapter an…

(1)(a) The liability of every employer who satisfies the duty required by ORS 656.017 (1) is exclusive and in place of all other liability arising out of injuries, diseases, symptom complexes or similar conditions arising out of and in the course of employment that are sustained …

(1)(a) An injured worker may pursue a civil negligence action for a work-related injury that has been determined to be not compensable because the worker has failed to establish that a work-related incident was the major contributing cause of the worker’s injury only after an ord…

Actions for damages may be brought by an injured worker or the legal representative of the injured worker against any employer who has failed to comply with ORS 656.017 or is in default under ORS 656.560. Except for the provisions of ORS 656.578 to 656.593 and this section, such …

For purposes of determining whether a person that awards a contract to another person is responsible for providing workers’ compensation coverage to individuals who perform labor under the contract, the provisions of ORS 656.029 do not apply if, before labor under the contract co…

Every employer employing one or more subject workers in the state is subject to this chapter. [1965 c.285 §8]

(1) For the purpose of this chapter, an individual is not a subject worker while commuting in a voluntary commuter ridesharing arrangement unless: (a) The worker is reimbursed for travel expenses incurred therein; (b) The worker receives payment for commuting time from the employ…

All workers are subject to this chapter except those nonsubject workers described in the following subsections: (1) A worker employed as a domestic servant in or about a private home. For the purposes of this subsection “domestic servant” means any worker engaged in household dom…

(1) If a person awards a contract involving the performance of labor where such labor is a normal and customary part or process of the person’s trade or business, the person awarding the contract is responsible for providing workers’ compensation insurance coverage for all indivi…

(1) Except as provided in ORS 404.215, all municipal personnel, other than those employed full-time, part-time, or substitutes therefor, shall, for the purpose of this chapter, be known as volunteer personnel and shall not be considered as workers unless the municipality has file…

(1) All persons participating as trainees in a work experience program or a school directed professional education project of a school district, as defined in ORS 332.002, in which such persons are enrolled, including persons with intellectual disabilities in training programs, a…

If an employer is engaged in an occupation in which the employer employs one or more subject workers and is also engaged in a separate occupation in which there are no subject workers, the employer is not subject to this chapter as to that separate occupation, nor are the workers…

A person contracting to pay remuneration for professional real estate activity as defined in ORS chapter 696 to a qualified real estate broker or qualified principal real estate broker, as defined in ORS 316.209, is not an employer of that qualified broker under the Workers’ Comp…

(1) An employer of one or more persons defined as nonsubject workers or not defined as subject workers may elect to make them subject workers. If the employer is or becomes a carrier-insured employer, the election shall be made by filing written notice thereof with the insurer wi…

(1) As used in this section, unless the context requires otherwise: (a) “Adult in custody” means a person sentenced by any court or legal authority, whether in default of the payment of a fine or committed for a definite number of days, to serve sentence in a city or county jail …

Except as otherwise provided in ORS 656.029 to 656.033 and 656.041, but notwithstanding any other provision of law, the state or any city, county, district, or agency thereof, that pays the wages of a subject worker is responsible for providing workers’ compensation insurance cov…

(1) The State Accident Insurance Fund Corporation may insure Oregon employers against their liability for compensation under the Longshoremen’s and Harbor Workers’ Compensation Act (33 U.S.C. 901 to 950) or any Act amendatory or supplementary thereto or in lieu thereof, as fully …

(1) All persons registered at a college and participating as unpaid trainees in a work experience program who are subject to the direction of noncollege-employed supervisors, and those trainees participating in college directed professional education projects, are considered work…

(1) The Oregon Health Authority shall provide workers’ compensation coverage for individuals registered under ORS 401.654 who are injured in the course and scope of performing volunteer services if the injury occurs: (a) While the individual is performing services at the directio…

(1) No person shall engage as a subject employer unless and until the person has provided coverage pursuant to ORS 656.017 for subject workers the person employs. (2) Whenever the Director of the Department of Consumer and Business Services has reason to believe that any person h…

(1) A compensable injury to a subject worker while in the employ of a noncomplying employer is compensable to the same extent as if the employer had complied with this chapter. The Director of the Department of Consumer and Business Services shall refer the claim for such an inju…

(1) All subject employers shall display in a conspicuous manner about their works, and in a sufficient number of places reasonably to inform their workers of the fact, printed notices furnished by the Director of the Department of Consumer and Business Services stating that they …

As used in ORS 656.027, 656.075 and this section: (1) “Newspaper” has the meaning for that term provided in ORS 193.010. (2) “Newspaper carrier” means an individual age 18 years or younger who contracts with a newspaper publishing company or independent newspaper dealer or contra…

An individual qualifies for the exemption provided in ORS 656.027 only if the newspaper publishing company or independent newspaper dealer or contractor utilizing the individual: (1) Encourages any minor so utilized to remain in school and attend classes; (2) Encourages any minor…

(1) If a worker employed in this state and subject to this chapter temporarily leaves the state incidental to that employment and receives an accidental injury arising out of and in the course of employment, the worker, or beneficiaries of the worker if the injury results in deat…

(1) Any person who is a sole proprietor, or a member, including a member who is a manager, of a limited liability company, or a member of a partnership, or an independent contractor pursuant to ORS 670.600, may make written application to an insurer to become entitled as a subjec…

(1) A minor working at an age legally permitted under the laws of this state is considered sui juris for the purpose of this chapter. No other person shall have any cause of action or right to compensation for an injury to such minor worker, except as expressly provided in this c…

(1) As used in this section “school” means the Oregon School for the Deaf. (2) All persons participating as trainees in a work experience program of the school are considered as workers of the school subject to this chapter for purposes of this section. (3) On behalf of a school …

(1) All persons registered as apprentices or trainees and participating in related instruction classes conducted by a school district, community college district or education service district in accordance with the requirements of ORS 660.002 to 660.210 or section 50, title 29, U…

(1) Any person, or persons operating as partners, who have an ownership or leasehold interest in equipment and are engaged in the business of operating such equipment for hire, may elect to cover themselves under the Workers’ Compensation Law by filing with an insurer a written a…

If the injury to a worker is due to the negligence or wrong of a third person not in the same employ, the injured worker, or if death results from the injury, the spouse, children or other dependents, as the case may be, may elect to seek a remedy against such third person. [Amen…

(1) If injury or death results to a worker from the deliberate intention of the worker to produce such injury or death, neither the worker nor the widow, widower, child or dependent of the worker shall receive any payment whatsoever under this chapter. (2) If injury or death resu…

(1) Notwithstanding any other provision of this chapter, an injured worker is not eligible to receive compensation under ORS 656.210 or 656.212 for periods of time during which the worker is incarcerated for the commission of a crime. (2) As used in this section, an individual is…

(1) In a collective bargaining agreement between a private employer or groups of employers engaged in construction, construction maintenance or activities limited to rock, sand, gravel, cement and asphalt operations, heavy duty mechanics, surveying or construction inspection, and…

(1) ORS 656.170 applies only to: (a) An employer incurring or projecting an annual workers’ compensation insurance premium in Oregon of at least $250,000 or an employer that paid an annual workers’ compensation insurance premium in Oregon of at least $250,000 in one of the three …

The Director of the Department of Consumer and Business Services shall adopt rules necessary for the implementation of the provisions of ORS 656.170 and 656.172. The rules must include, but are not limited to procedures for: (1) Establishing and operating an alternative dispute r…

(1) If any subject worker sustains a compensable injury, the worker or the beneficiaries of the worker, if the injury results in death, shall receive compensation as provided in this chapter, regardless of whether the worker was employed by a complying or noncomplying employer. (…

If death results from an accidental injury, payments must be made as follows: (1)(a) The cost of final disposition of the body and funeral expenses, including but not limited to transportation of the body, must be paid, not to exceed 20 times the average weekly wage in any case. …

(1) As used in this section: (a) “Essential functions” means the primary tasks associated with the job. (b) “Materially improved medically” means an actual change for the better in the worker’s medical condition that is supported by objective findings. (c) “Materially improved vo…

If an injured worker dies during the period of the worker’s permanent total disability, whatever the cause of death, and the worker leaves a beneficiary, payment must be made in the same manner and in the same amounts as provided in ORS 656.204. [Amended by 1957 c.453 §2; 1959 c.…

(1) With the authorization of the Department of Consumer and Business Services, the amount of any permanent total disability benefits payable to an injured worker shall be reduced by the amount of any disability benefits the worker receives from federal Social Security. (a) If th…

(1) When the total disability is only temporary, the worker shall receive during the period of that total disability compensation equal to 66-2/3 percent of wages, but not more than 133 percent of the average weekly wage nor less than the amount of 90 percent of wages a week or t…

As used in ORS 656.210 (1), “average weekly wage” means the average weekly wage of workers in covered employment in Oregon, as determined by the Employment Department, for the last quarter of the calendar year preceding the fiscal year in which compensation is paid and as compute…