The Oregon workers compensation act — formally the Oregon Workers’ Compensation Law (short title, ORS 656.001), found at Oregon Revised Statutes (ORS) Chapter 656 (ORS 656.001 to 656.794) — is the statute behind every workers’ comp claim, benefit and employer mandate in the state.
This plain-English guide to the Oregon workers compensation act gives the section numbers next to the rules people actually need: who must be covered, the deadlines, the waiting period, the pay rate, the exclusive-remedy bargain, the ban on retaliation and the penalties. Verified against the official code as of October 2026.
Oregon at a Glance
| Official name | Workers’ Compensation Law (short title, ORS 656.001) |
| Where it lives | Oregon Revised Statutes (ORS) Chapter 656 (ORS 656.001 to 656.794) |
| First enacted | 1913 (passed by the 1913 Legislative Assembly, upheld by referendum November 4, 1913, effective July 1, 1914) |
| Reporting deadline | ORS 656.265(1) — the worker must notify the employer immediately and no later than 90 days after the accident. Under ORS 656.265(4), notice given late but within 1 year is generally not barred if the employer knew about the injury or the worker had good cause. |
| Filing deadline | ORS 656.265(4) — a claim is generally barred unless notice is given within 90 days. The outer limit is 1 year from the accident, and only if the employer knew about the injury or the worker had good cause for the delay. (ORS 656.807 sets separate timing for occupational disease claims, which I did not confirm here.) |
| Exclusive remedy | ORS 656.018 — an employer that meets its coverage duty under ORS 656.017(1) is protected by the exclusive remedy rule. Main exception, ORS 656.156(2): if the employer deliberately intended to injure the worker, the worker may collect benefits and also sue for damages above the benefit amount. Carelessness, even extreme carelessness, does not qualify. |
| Recent amendments | HB 2802 (2025) — if a permanent partial disability award is over 6000, the worker may request a lump-sum payment; effective January 1, 2026. SB 904 (2025) — adds school districts to the self-insurance exception; implementing rules effective January 1, 2026. HB 2800 (2025) — updates worker-leasing and professional employer organization (PEO) terms; operative July 1, 2027. SB 1519 (2026 session, reported signed March 31, 2026) — the new temporary total disability formula described above, for injuries on or after January 1, 2027. |
In This Oregon Guide:
What the Oregon Workers Compensation Act Is
An workers’ compensation act is an no-fault deal written into state law: the employer pays for work injuries without the worker proving fault, and the worker gives up most lawsuits against the employer in return. The Oregon workers compensation act dates to 1913 (passed by the 1913 Legislative Assembly, upheld by referendum November 4, 1913, effective July 1, 1914).
It lives at Oregon Revised Statutes (ORS) Chapter 656 (ORS 656.001 to 656.794), and the official text is linked in the sources. Oregon funds a Workers’ Benefit Fund through a cents-per-hour assessment shared by employers and workers; the 2026 rate is 1.8 cents per hour. Under ORS 656.156(1), no benefits are paid if the worker deliberately intended to cause their own injury.
Under ORS 656.735, corporate officers and LLC members can be personally liable for uninsured-employer penalties. Benefit rules can change, so readers should confirm their situation with the Workers’ Compensation Division and a licensed attorney.
Who the Oregon Workers Compensation Act Covers
ORS 656.017 — every employer with one or more subject workers must carry workers’ comp coverage (insured or self-insured). Under ORS 656.027, all workers are subject unless listed as exempt. ORS 656.027 — lists nonsubject workers (for example, domestic servants in or around a private home, and other listed categories)
Deadlines in the Oregon Workers Compensation Act
Waiting period: ORS 656.210(3) — 3 calendar days. No temporary disability is paid for the first 3 days unless the total disability lasts 14 consecutive days or the worker is admitted to a hospital as an inpatient within 14 days of the first onset of total disability..
Wage-loss rate: ORS 656.210(1) — 66-2/3 percent of wages, capped at 133 percent of the state average weekly wage, for injuries before January 1, 2027. For injuries on or after January 1, 2027, SB 1519 (2026) changes this to 75 percent of wages up to 75 percent of the state average weekly wage, plus 65 percent of wages above that point..
Oregon Workers Compensation Act: Key Sections at a Glance
The sections of the Oregon workers compensation act that decide most cases, each with its citation:
| Coverage mandate | ORS 656.017 — every employer with one or more subject workers must carry workers’ comp coverage (insured or self-insured). Under ORS 656.027, all workers are subject unless listed as exempt. |
| Exemptions | ORS 656.027 — lists nonsubject workers (for example, domestic servants in or around a private home, and other listed categories) |
| Report an injury | ORS 656.265(1) — the worker must notify the employer immediately and no later than 90 days after the accident. Under ORS 656.265(4), notice given late but within 1 year is generally not barred if the employer knew about the injury or the worker had good cause. |
| File a claim | ORS 656.265(4) — a claim is generally barred unless notice is given within 90 days. The outer limit is 1 year from the accident, and only if the employer knew about the injury or the worker had good cause for the delay. (ORS 656.807 sets separate timing for occupational disease claims, which I did not confirm here.) |
| Waiting period | ORS 656.210(3) — 3 calendar days. No temporary disability is paid for the first 3 days unless the total disability lasts 14 consecutive days or the worker is admitted to a hospital as an inpatient within 14 days of the first onset of total disability. |
| Wage-loss rate | ORS 656.210(1) — 66-2/3 percent of wages, capped at 133 percent of the state average weekly wage, for injuries before January 1, 2027. For injuries on or after January 1, 2027, SB 1519 (2026) changes this to 75 percent of wages up to 75 percent of the state average weekly wage, plus 65 percent of wages above that point. |
| Exclusive remedy | ORS 656.018 — an employer that meets its coverage duty under ORS 656.017(1) is protected by the exclusive remedy rule. Main exception, ORS 656.156(2): if the employer deliberately intended to injure the worker, the worker may collect benefits and also sue for damages above the benefit amount. Carelessness, even extreme carelessness, does not qualify. |
| Retaliation | ORS 659A.040 — an employer may not discriminate in hiring, tenure or any term of employment because a worker applied for benefits, used ORS Chapter 656 procedures, or testified. The worker can file a complaint with the Bureau of Labor and Industries (BOLI) or bring a civil action under ORS 659A.885. Separate injured-worker reinstatement rights are in ORS 659A.043 and 659A.046. The ORS 656.018 exclusive remedy rule does not block these discrimination claims. |
| Uninsured employer penalty | ORS 656.735 — a civil penalty of up to 1000 or twice the premium that would have been due for the period without coverage, whichever is greater. If the employer keeps violating after the ORS 656.052 order becomes final, there is an added penalty of up to 250 per day. Corporate officers, directors and LLC members/managers are jointly and severally liable. |
| Who hears disputes | ORS 656.283 — any party (or the DCBS director) may request a hearing before an Administrative Law Judge in the Workers’ Compensation Board’s Hearings Division. Board review follows under ORS 656.295, then appeal to the Oregon Court of Appeals under ORS 656.298. |
The Exclusive-Remedy Bargain in the Oregon Workers Compensation Act
ORS 656.018 — an employer that meets its coverage duty under ORS 656.017(1) is protected by the exclusive remedy rule. Main exception, ORS 656.156(2): if the employer deliberately intended to injure the worker, the worker may collect benefits and also sue for damages above the benefit amount. Carelessness, even extreme carelessness, does not qualify.
Retaliation and Penalties Under the Oregon Workers Compensation Act
ORS 659A.040 — an employer may not discriminate in hiring, tenure or any term of employment because a worker applied for benefits, used ORS Chapter 656 procedures, or testified. The worker can file a complaint with the Bureau of Labor and Industries (BOLI) or bring a civil action under ORS 659A.885. Separate injured-worker reinstatement rights are in ORS 659A.043 and 659A.046.
The ORS 656.018 exclusive remedy rule does not block these discrimination claims. ORS 656.735 — a civil penalty of up to 1000 or twice the premium that would have been due for the period without coverage, whichever is greater. If the employer keeps violating after the ORS 656.052 order becomes final, there is an added penalty of up to 250 per day.
Corporate officers, directors and LLC members/managers are jointly and severally liable. ORS 656.283 — any party (or the DCBS director) may request a hearing before an Administrative Law Judge in the Workers’ Compensation Board’s Hearings Division. Board review follows under ORS 656.295, then appeal to the Oregon Court of Appeals under ORS 656.298.
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Recent Amendments to the Oregon Workers Compensation Act
HB 2802 (2025) — if a permanent partial disability award is over 6000, the worker may request a lump-sum payment; effective January 1, 2026. SB 904 (2025) — adds school districts to the self-insurance exception; implementing rules effective January 1, 2026. HB 2800 (2025) — updates worker-leasing and professional employer organization (PEO) terms; operative July 1, 2027.
SB 1519 (2026 session, reported signed March 31, 2026) — the new temporary total disability formula described above, for injuries on or after January 1, 2027.
How to Read the Oregon Workers Compensation Act
Statute pages are written for lawyers, so read the Oregon workers compensation act in this order: the definitions section (who is an employee), the coverage section, then the specific section for your question, using the citations above. The official code is the source; the summaries on legal-information sites are not.
If a section of the Oregon workers compensation act seems to conflict with what an insurer told you, the section wins — and the state agency’s information line can confirm it for free.
Applying the act: the Oregon claim guide turns these sections into steps and dates, and the Oregon requirements guide covers the employer side.
Frequently Asked Questions
Where is the Oregon workers compensation act in the code?
Oregon Revised Statutes (ORS) Chapter 656 (ORS 656.001 to 656.794). The sources below link to the official text.
How long do I have to report a work injury under the Oregon act?
ORS 656.265(1) — the worker must notify the employer immediately and no later than 90 days after the accident. Under ORS 656.265(4), notice given late but within 1 year is generally not barred if the employer knew about the injury or the worker had good cause.. Report in writing as soon as possible either way.
Can I sue my employer instead of using the Oregon workers compensation act?
Usually not — the exclusive-remedy section bars most lawsuits against a covered employer. Claims against third parties, and against an uninsured employer, are the common exceptions.
Official Oregon Sources & Resources
- Oregon Oregon Department of Consumer and Business Services (DCBS), Workers’ Compensation Division (administers the system). The Workers’ Compensation Board hears disputes.: https://wcd.oregon.gov/
- Oregon Workers’ Comp Statute: https://www.oregonlegislature.gov/bills_laws/ors/ors656.html
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This Oregon workers compensation act guide was last verified against official Oregon sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
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Disclaimer: This guide is informational only and is not legal, medical, or financial advice. Workers Comp Explained is an independent educational resource, not a law firm or insurer. Workers’ comp benefits, settlement values, deadlines, and requirements vary by state and by the specific facts of your injury and change over time, and any settlement figures here are illustrative only.
Confirm your rights and any deadline with your state’s workers’ compensation board and a licensed attorney before you act.