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    Linda Repp   
503-947-7665   


Employer Compliance Unit

 

Purpose

To bring employers into compliance with coverage laws, expedite benefits to injured workers whose employers have no coverage, and facilitate a level "playing field" among all Oregon employers in meeting coverage requirements.

Failure to provide coverage can subject a non-complying employer to civil penalties of not more than $1000 or twice the premium that would have been due for the period of non-compliance, whichever is greater, and an additional civil penalty of not more than $250 for each day such violation continues during a subsequent period of noncompliance

In addition, the non-complying employer is liable for all claim costs and claims processing administrative fees incurred.

 

Responsibilities

Employer coverage: Provide initial employer indexing information and investigate reports of employers not providing workers' compensation insurance for their employees.

Noncomplying employer sanctions: Assess sanctions against non-complying employers.

Court injunctions: Initiate proceedings to permanently enjoin a non-complying employer from employing without workers' compensation coverage. Initiate contempt proceedings for violations of injunctions.

Extraterritorial coverage and reciprocity: Work with all 50 states to assure proper agreements are in place to maintain coverage for Oregon workers temporarily working out-of-state. Oregon honors the extraterritorial provisions of other states as long as the other state honors Oregon's extraterritorial provisions. The permanent contract of hire between the worker and employer is established in the other state.

Data Integrity: ECU is responsible for maintaining the accuracy of our employer data base.

Insurer sanctions: Works with insurers to assure appropriate coverage filings are made. Assesses sanctions for untimely coverage filings.

Worker Leasing Program: License businesses to operate as worker leasing companies in Oregon. Monitor to ensure licensed companies operate in accordance with the administrative rules. Investigate complaints of companies operating as a leasing company without a license.

Public education: Promote education about Oregon workers' compensation coverage requirements while serving as a resource for that education.
 

Functions

The field investigators and coverage investigators respond to allegations of employers not carrying workers' compensation coverage. Two laws help the unit monitor employer coverage: physicians must report uninsured on-the-job injuries to WCD within 72 hours and insurers must file proof of coverage with WCD for each workers' compensation policy and notify the employer and WCD when insurance is canceled.

Based on information received, the unit conducts one of two types of employer investigations: those related to injury claims and "non-claim" investigations. Staff must investigate claims received for uninsured employers within 60 days. The claims are then referred to an assigned claims agent for processing so benefits can be paid. Penalties are assessed in both types of investigations when violations of coverage rules are found.

In addition to investigating claims and coverage cancellations, the unit cooperates with other agencies in joint investigations of high-risk and problem industries. Staff also respond to telephone inquiries of employer coverage and provide public information and training on employer coverage requirements.
 

Primary governing rules

OAR 436-050: Employer/Insurer Coverage Responsibility
OAR 436-080: Noncomplying Employers
 
 
For more information contact:
Employer Compliance Unit: 503-947-7665
FAX: 503-947-7718

If you have questions about this webpage, please contact Linda Repp, 503-947-7665.