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Employer compliance unit
503-947-7815
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Why
do I need workers’ compensation insurance? - Definitions
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Where
can I call to ask about workers' compensation insurance requirements?
E-mail: Employer Compliance
Unit
Phone: 503-947-7814
Toll-free: 1-800-452-0288 |
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Chapter 656 — Workers' Compensation
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Employer
(ORS 656.005(13))
"Employer" means any person, including receiver, administrator,
executor or trustee, and the state, state agencies, counties, municipal
corporations, school districts and other public corporations or political
subdivisions, who contracts to pay a remuneration for and secures
the right to direct and control the services of any person. |
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Worker
(ORS 656.005(30))
"Worker" means any person, including a minor whether
lawfully or unlawfully employed, who engages to furnish services for
a remuneration, subject to the direction and control of an employer
and includes salaried, elected and appointed officials of the state,
state agencies, counties, cities, school districts and other public
corporations, but does not include any person whose services are performed
as an inmate or ward of a state institution or as part of the eligibility
requirements for a general or public assistance grant. For the purpose
of determining entitlement to temporary disability benefits or permanent
total disability benefits under this chapter, "worker" does
not include a person who has withdrawn from the workforce during the
period for which such benefits are sought. |
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Subject
Employer (ORS 656.023))
Every employer employing one or more subject workers in the state
is subject to this chapter. |
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Subject
worker (ORS 656.027)
All workers are subject to this chapter except those nonsubject
workers described in the following subsections:
(1) A worker employed as a domestic servant in or about a private
home. For the purposes of this subsection "domestic servant"
means any worker engaged in household domestic service by private
employment contract, including, but not limited to, home health workers.
(2) A worker employed to do gardening, maintenance, repair, remodeling
or similar work in or about the private home of the person employing
the worker.
(3)(a) A worker whose employment is casual and either:
(A) The employment is not in the course of the trade, business or
profession of the employer; or
(B) The employment is in the course of the trade, business or profession
of a nonsubject employer.
(b) For the purpose of this subsection, "casual" refers
only to employments where the work in any 30-day period, without regard
to the number of workers employed, involves a total labor cost of
less than $500.
(4) A person for whom a rule of liability for injury or death arising
out of and in the course of employment is provided by the laws of
the United States.
(5) A worker engaged in the transportation in interstate commerce
of goods, persons or property for hire by rail, water, aircraft or
motor vehicle, and whose employer has no fixed place of business in
this state.
(6) Firefighter and police employees of any city having a population
of more than 200,000 that provides a disability and retirement system
by ordinance or charter.
(7)(a) Sole proprietors, except those described in paragraph (b) of
this subsection. When labor or services are performed under contract,
the sole proprietor must qualify as an independent contractor.
(b) Sole proprietors actively licensed under ORS 671.525 or 701.021.
When labor or services are performed under contract for remuneration,
notwithstanding ORS 656.005 (30), the sole proprietor must qualify
as an independent contractor. Any sole proprietor licensed under ORS
671.525 or 701.021 and involved in activities subject thereto is conclusively
presumed to be an independent contractor.
(8) Except as provided in subsection (23) of this section, partners
who are not engaged in work performed in direct connection with the
construction, alteration, repair, improvement, moving or demolition
of an improvement on real property or appurtenances thereto. When
labor or services are performed under contract, the partnership must
qualify as an independent contractor.
(9) Except as provided in subsection (25) of this section, members,
including members who are managers, of limited liability companies,
regardless of the nature of the work performed. However, members,
including members who are managers, of limited liability companies
with more than one member, while engaged in work performed in direct
connection with the construction, alteration, repair, improvement,
moving or demolition of an improvement on real property or appurtenances
thereto, are subject workers. When labor or services are performed
under contract, the limited liability company must qualify as an independent
contractor.
(10) Except as provided in subsection (24) of this section, corporate
officers who are directors of the corporation and who have a substantial
ownership interest in the corporation, regardless of the nature of
the work performed by such officers, subject to the following limitations:
(a) If the activities of the corporation are conducted on land that
receives farm use tax assessment pursuant to ORS chapter 308A, corporate
officer includes all individuals identified as directors in the corporate
bylaws, regardless of ownership interest, and who are members of the
same family, whether related by blood, marriage or adoption.
(b) If the activities of the corporation involve the commercial harvest
of timber and all officers of the corporation are members of the same
family and are parents, daughters or sons, daughters-in-law or sons-in-law
or grandchildren, then all such officers may elect to be nonsubject
workers. For all other corporations involving the commercial harvest
of timber, the maximum number of exempt corporate officers for the
corporation shall be whichever is the greater of the following:
(A) Two corporate officers; or
(B) One corporate officer for each 10 corporate employees.
(c) When labor or services are performed under contract, the corporation
must qualify as an independent contractor.
(11) A person performing services primarily for board and lodging
received from any religious, charitable or relief organization.
(12) A newspaper carrier utilized in compliance with the provisions
of ORS 656.070 and 656.075.
(13) A person who has been declared an amateur athlete under the rules
of the United States Olympic Committee or the Canadian Olympic Committee
and who receives no remuneration for performance of services as an
athlete other than board, room, rent, housing, lodging or other reasonable
incidental subsistence allowance, or any amateur sports official who
is certified by a recognized Oregon or national certifying authority,
which requires or provides liability and accident insurance for such
officials. A roster of recognized Oregon and national certifying authorities
will be maintained by the Department of Consumer and Business Services,
from lists of certifying organizations submitted by the Oregon School
Activities Association and the Oregon Park and Recreation Society.
(14) Volunteer personnel participating in the ACTION programs, organized
under the Domestic Volunteer Service Act of 1973, P.L. 93-113, known
as the Foster Grandparent Program and the Senior Companion Program,
whether or not the volunteers receive a stipend or nominal reimbursement
for time and travel expenses.
(15) A person who has an ownership or leasehold interest in equipment
and who furnishes, maintains and operates the equipment. As used in
this subsection "equipment" means:
(a) A motor vehicle used in the transportation of logs, poles or piling.
(b) A motor vehicle used in the transportation of rocks, gravel, sand,
dirt or asphalt concrete.
(c) A motor vehicle used in the transportation of property by a for-hire
motor carrier that is required under ORS 825.100 or 825.104 to possess
a certificate or permit or to be registered.
(16) A person engaged in the transportation of the public for recreational
down-river boating activities on the waters of this state pursuant
to a federal permit when the person furnishes the equipment necessary
for the activity. As used in this subsection, "recreational down-river
boating activities" means those boating activities for the purpose
of recreational fishing, swimming or sightseeing utilizing a float
craft with oars or paddles as the primary source of power.
(17) A person who receives no wage other than ski passes or other
noncash remuneration for performing volunteer:
(a) Ski patrol activities; or
(b) Ski area program activities sponsored by a ski area operator,
as defined in ORS 30.970, or by a nonprofit corporation or organization.
(18) A person 19 years of age or older who contracts with a newspaper
publishing company or independent newspaper dealer or contractor to
distribute newspapers to the general public and perform or undertake
any necessary or attendant functions related thereto.
(19) A person performing foster parent or adult foster care duties
pursuant to ORS 412.001 to 412.161 and 412.991 or ORS chapter 411,
418, 430 or 443.
(20) A person performing services on a volunteer basis for a nonprofit,
religious, charitable or relief organization, whether or not such
person receives meals or lodging or nominal reimbursements or vouchers
for meals, lodging or expenses.
(21) A person performing services under a property tax work-off program
established under ORS 310.800.
(22) A person who performs service as a caddy at a golf course in
an established program for the training and supervision of caddies
under the direction of a person who is an employee of the golf course.
(23)(a) Partners who are actively licensed under ORS 671.525 or 701.021
and who have a substantial ownership interest in a partnership. If
all partners are members of the same family and are parents, spouses,
sisters, brothers, daughters or sons, daughters-in-law or sons-in-law
or grandchildren, all such partners may elect to be nonsubject workers.
For all other partnerships licensed under ORS 671.510 to 671.760 or
701.021, the maximum number of exempt partners shall be whichever
is the greater of the following:
(A) Two partners; or
(B) One partner for each 10 partnership employees.
(b) When labor or services are performed under contract for remuneration,
notwithstanding ORS 656.005 (30), the partnership qualifies as an
independent contractor. Any partnership licensed under ORS 671.525
or 701.021 and involved in activities subject thereto is conclusively
presumed to be an independent contractor.
(24)(a) Corporate officers who are directors of a corporation actively
licensed under ORS 671.525 or 701.021 and who have a substantial ownership
interest in the corporation, regardless of the nature of the work
performed. If all officers of the corporation are members of the same
family and are parents, spouses, sisters, brothers, daughters or sons,
daughters-in-law or sons-in-law or grandchildren, all such officers
may elect to be nonsubject workers. For all other corporations licensed
under ORS 671.510 to 671.760 or 701.021, the maximum number of exempt
corporate officers shall be whichever is the greater of the following:
(A) Two corporate officers; or
(B) One corporate officer for each 10 corporate employees.
(b) When labor or services are performed under contract for remuneration,
notwithstanding ORS 656.005 (30), the corporation qualifies as an
independent contractor. Any corporation licensed under ORS 671.525
or 701.021 and involved in activities subject thereto is conclusively
presumed to be an independent contractor.
(25)(a) Limited liability company members who are members of a company
actively licensed under ORS 671.525 or 701.021 and who have a substantial
ownership interest in the company, regardless of the nature of the
work performed. If all members of the company are members of the same
family and are parents, spouses, sisters, brothers, daughters or sons,
daughters-in-law or sons-in-law or grandchildren, all such members
may elect to be nonsubject workers. For all other companies licensed
under ORS 671.510 to 671.760 or 701.021, the maximum number of exempt
company members shall be whichever is the greater of the following:
(A) Two company members; or
(B) One company member for each 10 company employees.
(b) When labor or services are performed under contract for remuneration,
notwithstanding ORS 656.005 (30), the company qualifies as an independent
contractor. Any company licensed under ORS 671.525 or 701.021 and
involved in activities subject thereto is conclusively presumed to
be an independent contractor.
(26) A person serving as a referee or assistant referee in a youth
or adult recreational soccer match whose services are retained on
a match-by-match basis.
(27) A person performing language translator or interpreter services
that are provided for others through an agent or broker.
(28) A person who operates, and who has an ownership or leasehold
interest in, a passenger motor vehicle that is operated as a taxicab
or for nonemergency medical transportation. As used in this subsection:
(a) "Lease" means a contract under which the lessor provides
a vehicle to a lessee for consideration.
(b) "Leasehold" includes, but is not limited to, a lease
for a shift or a longer period.
(c) "Passenger motor vehicle that is operated as a taxicab"
means a vehicle that:
(A) Has a passenger seating capacity that does not exceed seven persons;
(B) Is transporting persons, property or both on a route that begins
or ends in Oregon; and
(C)(i) Carries passengers for hire when the destination and route
traveled may be controlled by a passenger and the fare is calculated
on the basis of any combination of an initial fee, distance traveled
or waiting time; or
(ii) Is in use under a contract to provide specific service to a third
party to transport designated passengers or to provide errand services
to locations selected by the third party.
(d) "Passenger motor vehicle that is operated for nonemergency
medical transportation" means a vehicle that:
(A) Has a passenger seating capacity that does not exceed seven persons;
(B) Is transporting persons, property or both on a route that begins
or ends in Oregon; and
(C) Provides medical transportation services under contract with or
on behalf of a mass transit or transportation district. |
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