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Oregon Injured Employee Workers Compensation Benefits

Important workers compensation benefit information for injured Oregon employees

Oregon Workers Compensation Medical Benefits -

  • Medical benefits for injured Oregon workers are paid without regard to length of disability or amount of cost. However, the insurer will not pay any medical bills until your claim is accepted or denied. The insurer has 60 days to accept or deny your claim.

Who Chooses the Physician for Injured Workers in Oregon -

  • Unless the insurer has enrolled the injured Oregon worker in a managed care organization, they may be treated by any health care provider who qualifies as an attending physician under Oregon law. The health care provider is supposed to tell the injured worker if there are any limits to the services he or she can provide.
  • The health care provider is in charge of the injured Oregon workers medical treatment. Only the doctor can authorize time off work, reduced work hours or duties, or release the worker to go back to work.
  • The injured Oregon worker may change doctors two times. Additional changes require approval from the insurer or the Workers’ Compensation Division.

Oregon Workers Compensation Disability Benefits -

  • Temporary Total Disability (TTD) Benefits:
    • The first three days you lose work may not be paid by the insurer unless you are hospitalized or unable to return to work at all for at least 14 days.
    • An Injured worker's wage paid is 66 2/3 percent of the workers wage.
    • The weekly payment minimum is $50 or 90 percent of the employees actual wage if it is less,
    • The weekly maximum is $1051.21, 133% of the Oregon state average weekly wage.
    • Maximum period of payments is the length of the disability.
    • Benefit offsets apply.
    • Note:
      • 2008-2009 Oregon state average weekly wage (swwa) is: $790.38

  • Permanent Total Disability (PTD) Benefits:
    • An Injured worker's wage paid is 66 2/3 percent of the workers wage.
    • The weekly payment minimum is $50 or 90 percent of the employees actual wage if it is less.
    • The weekly maximum is $790.38, 100% of the Oregon state average weekly wage.
    • Maximum period of payments is the length of the disability.

    Permanent Partial Disability (PPD) Benefits:
    • Special Note: PPD is calculated as outlined in ORS 656.214
    • Injured Oregon workers who are unable to return to work will be eligible for work benefits.
    • Impairment benefits are set by taking the impairment value times the Oregon state average weekly wage.
    • Work disability benefit is determined by taking the impairment value times 150 times the injured workers weekly wage at time of injury. Note this factor cannot be more than 133 percent or less than 50 percent of the Oregon state average weekly wage.


Oregon Workers Death/Dependency Benefits -

  • A surviving spouse and children are entitled to receive benefits; spouse only 66 2/3 percent of the average weekly wage; each child 10 percent of the average weekly wage; maximum total benefits 133 1/3 percent of the average weekly wage.
  • Benefits stop when a spouse remarries, at which time a lump sum equal to three years compensation is paid.
  • A child who is mentally or physically unable to be self-supporting may also be entitled to benefits after age 18.
  • Burial allowance 10 times average weekly wage.


Oregon workers Compensation Attorney Fees -

  • Oregon allows attorney fees of 25% of the increased compensation awarded not to exceed $4,600 for PPD, $12,500 for PTD and $1,500 for TTD.

More specific workers compensation employee benefit information for this state can be found by following the link below. It will take you directly to the state web page containing employee's workers compensation rights and benefits:

http://wcd.oregon.gov/communications/inj_job.html



Important Notice Please Read: All 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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