Oregon allows the Workers Compensation Board to reopen closed claims on its own motion. Use the 2026 Oregon calculator to estimate TTD and PPD, and learn about CDAs and the Preferred Worker Program.
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| Category | Oregon (OR) Rule |
|---|---|
| System type | Exclusive remedy, no-fault. Workers' Compensation Division (WCD) under DCBS. |
| TTD benefit rate | 66 2/3% of average weekly wage. 133% of SAWW. Set annually by WCD. Verify at oregon.gov/dcbs. |
| Waiting period | 3 days. If disability exceeds 14 days, the first 3 days are paid retroactively. |
| PPD method | Impairment value multiplied by SAWW per ORS 656.214. Scheduled and unscheduled body parts. |
| Notice to employer | As soon as practicable. |
| Claim filing deadline | 90 days initial; aggravation up to 5 years (ORS 656.265, 656.273). |
| Doctor choice | Employee selects attending physician. Employer can request IME. |
| Settlement type | Claim Disposition Agreements (CDAs) or Stipulations. CDAs require WCB approval. |
| Unique rule | Own motion reopening (ORS 656.278) lets WCB reopen closed claims. Mandatory reinstatement for 21+ employee employers. Preferred Worker Program subsidizes hiring of injured workers. |
Oregon's workers compensation system includes a mechanism that does not exist in most other states: the own motion process under ORS 656.278. This provision allows the Workers' Compensation Board to reopen a previously closed claim on its own motion when the worker's condition has worsened but the normal aggravation filing deadline has expired. In most states, once the aggravation deadline passes, the claim is permanently closed. Oregon preserves a path to reopen.
The own motion process is not automatic. The worker must submit a request showing that the condition has worsened. The WCB then decides whether to exercise its authority. This process has been extensively litigated in Oregon appellate courts, and the WCB has substantial discretion.
Oregon also stands apart with its mandatory job reinstatement requirement. Under ORS 659A.046, employers with 21 or more employees must reinstate a recovered worker to the former position or a suitable equivalent if requested within 3 years of injury. This protection goes beyond what most states offer.
Oregon calculates TTD at 66 2/3 percent of average weekly wage. The maximum benefit is 133 percent of the state average weekly wage, updated annually. The minimum benefit is also set by statute.
The waiting period is 3 days. If disability lasts more than 14 days, the first 3 days are paid retroactively. Oregon counts from the date the employer is notified, not the date of injury. Medical treatment is covered from day one.
Temporary partial disability applies when the worker returns to modified work at reduced wages, calculated as 66 2/3 percent of the difference between pre-injury and post-injury wages.
Oregon calculates PPD using an impairment value system tied to the SAWW under ORS 656.214. Scheduled body parts (arms, legs, hands, feet, fingers, toes, eyes, ears) each have a statutory maximum impairment value multiplied by SAWW.
Unscheduled injuries (back, neck, head, internal organs) are compensated considering both the impairment rating and the worker's loss of earning capacity, including age, education, work experience, and labor market factors. This makes unscheduled awards more variable.
Oregon uses the attending physician's assessment combined with WCD-published standards for impairment evaluation. Disputes are resolved through the Reconsideration process or ALJ hearing.
Oregon uses Claim Disposition Agreements (CDAs) as its primary settlement vehicle. A CDA can close all or part of a claim. The WCB reviews whether the agreement is not unconscionable, a lower standard than some states' adequacy requirements.
Stipulations resolve specific issues without closing the entire claim. Oregon's Mediation program helps resolve disputes without formal hearings.
The Preferred Worker Program subsidizes employers who hire injured workers with permanent restrictions, covering claim cost reimbursement, wage subsidies, and worksite modification. This incentive-based approach reduces hiring risk for employers.
Oregon provides two structural protections for injured workers that go beyond what most states offer. First, under ORS 659A.046, employers with 21 or more employees must reinstate a recovered worker to the former position or a suitable equivalent upon the worker's request. The request must be made within 3 years of the injury date. The employer must hold the position or a comparable one unless it can demonstrate that the position no longer exists or that the worker cannot perform the essential duties even with reasonable accommodation.
This reinstatement right is more specific and enforceable than the general return-to-work provisions in most states. Violation of the reinstatement requirement can result in penalties and additional compensation to the worker.
Second, Oregon's Preferred Worker Program creates financial incentives for employers who hire workers with permanent restrictions from a prior work injury. The program reimburses the new employer for claim costs if the worker is reinjured, provides wage subsidies during the transition period, and funds worksite modifications needed to accommodate the worker's physical limitations. This subsidy approach directly addresses the reluctance many employers have about hiring someone with a prior injury claim. Oregon's program is among the most comprehensive employer-incentive systems in any state's workers comp framework.
TTD: 66 2/3% of average weekly wage
Under ORS 656.278, the WCB can reopen a closed claim when the worker's condition worsened and the aggravation deadline passed.
66 2/3 percent of AWW, capped at 133% of SAWW. 3-day wait, retroactive if disability exceeds 14 days.
Oregon's primary settlement vehicle. Closes all or part of a claim for a lump sum. Requires WCB approval.
Yes. Employers with 21+ employees must reinstate recovered workers under ORS 659A.046 if requested within 3 years.
Yes. The worker selects the attending physician. The employer can request an IME.
Subsidizes employers hiring injured workers with permanent restrictions, covering costs and wage subsidies.
Notify employer ASAP. Initial claim within 90 days. Aggravation up to 5 years.
No. Consult a licensed attorney in Oregon for legal advice.