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Workers have a right to file for workers’ compensation for COVID-19

Know your rights

Workers who have been quarantined or isolated due to a workplace exposure or have contracted COVID-19 in the workplace may be entitled to have their lost wages and medical expenses covered by their employer’s workers’ compensation insurance.

Rules

Follow these rules for COVID-19-related workers' compensation situations:

  • Workers should tell their employer about any job-related injury or exposure as soon as possible.
  • Employers must provide a workers’ compensation claim filing form (Form 801), if requested. Workers may also file a workers’ compensation claim through a medical provider.
  • Employers may not prevent a worker from reporting or filing a claim for any on-the-job injury, exposure, or illness.
  • Workers may seek medical services from a provider of their choice; however, only certain types of providers are allowed to authorize time off work. Employers may not direct or interfere with medical services.
  • Employers cannot directly pay for a worker’s medical services or require a worker to use private health insurance, instead of the worker filing a workers’ compensation claim.
  • Employers cannot retaliate or discriminate against a worker for filing a workers’ compensation claim or for raising workplace safety concerns.

Penalties

Employers that violate the law can be subject to civil penalties imposed by the Department of Consumer and Business Services. Retaliation and discrimination are subject to penalties imposed by the Bureau of Labor and Industries (BOLI).

Need help?

Workers’ Compensation Division (general questions): 800-452-0288 (toll-free)

Small Business Ombudsman (employer help): 971-283-0997 or 503-329-4260

Ombudsman for Injured Workers (worker help): 800-927-1271 (toll-free)

Oregon Bureau of Labor and Industries, Civil Rights, (retaliation or discrimination): 971-673-0761

Publications

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