Oregon Workers Compensation - minimum and maximum payrolls,laws,rules,subrogation,statutes,state contacts and detailed policy information

State: Oregon

Authority/Rating Bureau: NCCI, National Council on Compensation Insurance

Compulsory: Yes

Private Insurance: Allowed

Self-Insurance: Allowed

State Fund: There is a competitive state fund. SAIF Corporation is Oregon's not-for-profit, state-chartered workers' compensation insurance company. Contact the fund at:

SAIF Corporation

400 High St SE

Salem, OR 97312

Phone 800.285.8525 or 503.373.8000

Fax 503.373.8020

http://www.saif.com/default.aspx

Assigned Risk: NCCI administers the assigned risk plan for Oregon. NCCI processes applications for coverage, collects premiums, and randomly assigns employers to specific servicing carriers for coverage. NCCI uses a competitive bidding process to select the servicing carriers for the plan, subject to the approval of the director of the Department of Consumer and Business Services. There are currently two servicing carriers: Liberty Northwest Insurance Company and SAIF Corporation.

Numerical Exceptions: None. If you are an employer with one or more subject workers, you must purchase a workers' compensation policy. The insurer will make a filing with Oregon on your behalf for proof of the coverage.

Individual Waivers Allowed: No

Sole Proprietor: Excluded from coverage/may elect to be included. When included a rating payroll of $25,000 is used as of 1-1-11.

Partners: Excluded from coverage/may elect to be included. When included a rating payroll of $25,000 is used as of 1-1-11.

Corporate Officers: Included in coverage/may elect to be exempt. When included the rating payroll is banded between a minimum of $31,200 and a maximum of $171,600 as of 1-1-11.

LLC Members: Included in coverage/may elect to be exempt with certain exceptions.

Contractors: For workers' compensation purposes, an independent contractor is an individual or entity that provides a service under a contract without direction and control, or without others having the right to direct and control the provision of those services. Checking progress and establishing timelines for completion of the project is appropriate when spelled out in the contract. The independent contractor controls how the service is provided, who provides it, and the means of accomplishing it. The key requirement is that the independent contractor be free from actual direction and control and free from another's right to direct and control.

The creation or use of a business entity, such as a corporation or partnership, for the purposes of providing services does not, by itself, establish that the entity provides services as an independent contractor. An independent contractor is responsible to the customer only for the contracted result of the work, not the manner or method used to accomplish the work.

Generally, an independent contractor is a person or entity engaged in an independently established business, selling goods and services to a public of his or her own choosing, under his or her own direction and control, and setting his or her own prices. When a person is customarily engaged as an independent contractor, the termination of one contract does not terminate the business or create an unemployment situation for the independent contractor. Normally an independent contractor has customers and prospective customers as a result of advertising and being known by the public as a going business.

Special Notes:

Oregon Workers Compensation Subrogation: State statute 656.593 is the Oregon statute that addresses workers compensation subrogation for this state. Statute 656.593 is known as; Procedure when worker elects to bring action; release of liability and lien of paying agency in certain cases. You can view this document online. Follow the link provided below which will take you to Oregon Workers Compensation Statutes. Once there you will have to scroll down until you reach 656.593.

Oregon Statute Of Subrogation

Regulated By:

Workers' Compensation Division

Department of Consumer and Business Services

350 Winter St. NE, Rm. 27

PO Box 14480

Salem, OR 97309-0405

(503) 947-7810

Fax: (503) 947-7514

http://www.wcd.oregon.gov/

Workers Compensation Statute:

http://www.wcd.oregon.gov/policy/rules/oarors.html

Information on this page is provided only as a reference. While we strive to mantain accurate information on this site please realize workers compensation laws are complicated and subject to change at any time. If you need help with a workers compensation problem or have a specific situation or question please contact our office. Otherwise please consult your states governing authority or an attorney in your state of residency for assistance.

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Oregon Workers Compensation Laws

Workers compensation policy information for the State of Oregon