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
Small Deductible Program: No
Sole Proprietor: Excluded from coverage/may elect to be included. When included a rating payroll of $30,000 is used as of 1-1-12, $36,000 as of 1-1-2013, $43,200 as of 1-1-2014. $46,200 as of 1-1-2015. $47,900 as of 1-1-2016. $50,600 as of 1-1-2017.
Partners: Excluded from coverage/may elect to be included. When in the construction industry exempt partners are limited to two unless all partners are related family members (parent, daughter, son, daughter in law, son in law, grandchild, spouse, sibling.) For other industries partners are not required to cover themselves. When included a rating payroll of $30,000 is used as of 1-1-12, $36,000 as of 1-1-2013, $43,200 as of 1-1-2014. $46,200 as of 1-1-2015. $47,900 as of 1-1-2016. $50,600 as of 1-1-2017.
Corporate Officers: Included in coverage/may elect to be exempt. When included the rating payroll is banded between a minimum of $44,200 and a maximum of $176,800 as of 1-1-12, $44,200 / $176,800 as of 1-1-2014. $46,800 / $187,200 as of 1-1-2015. $46,800 / $192,400 as of 1-1-2016. $950 min / $3,900 max per week as of 1-1-2016. Note that corporate officers do not have to be covered if they also serve on the board of directors and own at least 10 percent of stock. Construction industry corporations are limited to two exempt officers however family run construction operations may be allowed additional exemptions. Also note there are some exceptions for family run farm and timber operations.
LLC Members: Most are excluded from coverage with certain exceptions / may elect to be included. When included payroll is treated as proprietor/partner for rating puposes. Note for construction operations exemptions are limited to two members or one member per every ten employees and members must have a substantial ownership interest unless members are of the same family where all are exempt.
Election or Rejection of Coverage Forms: These forms are not readily available on the Oregon Workers Compensation State Website. Make sure you contact Oregon Workers Compensation Division with any questions you may have about exclusion or inclusion in coverage for their state.
A Note About Forms: Oregon exclusion or inclusion forms are not available on their state website so make sure to contact your workers compensation insurance company for information about special workers compensation forms they may require and or use in Oregon.
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: NA
Experience Rating Eligibility: Employers in Oregon will receive an experience modification rate or EMR when they meet one of these triggers:
$5,000 in policy premium is generated during the last year or last two years.
$2,500 is the average policy premium generated for more than two years.
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.
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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. No warranty as to the accuracy or completeness of this information is provided or to be implied. You must verify this data before use with the individual governing authority for this state. 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.