Or. Admin. Code § 436-060-0010 - Employer Responsibilities
(1)
General. A subject employer must accept notice of a claim for
workers' compensation benefits from a worker or the worker's attorney under ORS
656.265.
(a) Form 801, "Report of Job Injury or
Illness," must be readily available for workers to report their injuries. The
employer must provide Form 801 to the worker:
(A) Immediately upon request by the worker or
worker's attorney under ORS
656.265(6);
or
(B) Upon receiving notice or
knowledge of an accident that may involve a compensable injury under ORS
656.262(3)(a).
(b) Form 827, "Worker's and Health Care
Provider's Report for Workers' Compensation Claims," signed by the worker, is
written notice of an accident that may involve a compensable injury. The signed
Form 827 will start the claim process, but does not relieve the worker or
employer of the responsibility of filing Form 801.
(c) Form 3283, "A Guide for Workers Recently
Hurt on the Job," may be printed on the back of Form 801, and must be provided
by the employer to the worker if any of the following circumstances occur:
(A) The worker files a claim for workers'
compensation benefits.
(B) The
worker is evaluated at an on-site medical service facility to assess the nature
or extent of a work injury and the employer has notice or knowledge of the work
injury.
(d) If a worker
provides notice of a claim using an electronic form, the insurer may require
the worker to sign a medical release form, so the insurer can obtain medical
records necessary to process the claim under OAR
436-010-0240.
(2)
Employer reporting time
frame. An employer , except a self-insured employer , must report a claim
to its insurer no later than five days after the date the employer has notice
or knowledge of any claim or accident that may result in a compensable injury.
The date an employer has knowledge of an accident that may result in a
compensable injury is the earliest date any supervisor or manager of the
employer has enough facts to reasonably conclude that workers' compensation
liability is a possibility.
(3)
Reporting requirements. The report must provide the information
requested on Form 801, and include at least:
(a) The worker's name and address;
(b) The employer 's legal name and address;
and
(c) The information required
under ORS 656.262 and
656.265.
(4)
Injuries not requiring medical
services. The employer is not required to notify the insurer of an
accident that does not require the worker to seek treatment from a licensed
medical service provider, subject to the following:
(a) The employer must report the claim to the
insurer under section (2) of this rule, if:
(A) The worker chooses to file a
claim;
(B) The worker signs a Form
801;
(C) The worker or employer is
billed for treatment; or
(D) The
employer learns that the injury has resulted in medical services, disability or
death. For the purposes of this paragraph, the date of that knowledge under
section (2) of this rule is the date the employer received notice or knowledge
of the medical services, disability, or death; and
(b) If the employer does not give the insurer
notice under this section:
(A) The employer
must maintain records for five years showing the name of the worker, the date
of the accident, the nature of the injury and treatment provided; and
(B) These records must be available for
inspection by the director , the worker or the worker's attorney, if any, and
the insurer .
(5)
Civil penalty for failure to report
claims. The director may assess a civil penalty under OAR
436-060-0200 against an employer
that:
(a) Is late in reporting more than ten
percent of its total claims to its insurer during any quarter; or
(b) Intentionally or repeatedly pays
compensation instead of reporting claims or accidents that may result in a
compensable injury to its insurer .
(6)
Worker's right to choose medical
service provider. The worker may choose a medical service provider,
attending physician, or authorized nurse practitioner under ORS
656.245,
656.260, OAR 436-010 and
436-015. Except as provided under ORS
656.260 and OAR 436-015, if an
employer restricts the worker's choice of medical service provider the director
may impose a civil penalty of up to $2,000.
Notes
Forms referenced are available from the agency.
Statutory/Other Authority: ORS 656.265(6), 656.726(4) & ORS 656.745
Statutes/Other Implemented: ORS 656.745, 656.245, 656.260, 656.262 & 656.265
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.