Oregon Workers Comp Statute of Limitations
The clock on a Oregon workers comp claim starts the day you're injured, not the day you get around to filing. Understanding exactly when it runs out matters more than almost anything else in the process.
Filing Deadline
2 years
From the date of injury. Some exceptions apply — see tolling rules below. Not legal advice.
Why This Deadline Exists
Filing deadlines exist to give employers and insurers a reasonable window to investigate a claim while evidence and memories are still fresh. Oregon balances that against giving injured workers enough time to understand the full extent of an injury before locking in a filing date.
When the Deadline Can Be Extended
A handful of situations can extend — or 'toll' — this deadline. Occupational diseases that develop gradually often get a discovery-rule exception, starting the clock when the condition is diagnosed rather than when the underlying exposure began. Claims involving minors, and cases where an employer concealed the injury or fraudulently discouraged a claim, may also toll the deadline. These exceptions are narrow and fact-specific — don't assume one applies without confirming it with Oregon's workers comp agency or an attorney.
What Happens If You Miss It
Once Oregon's deadline has passed, reopening the claim is rarely possible through the normal process. A small number of narrow exceptions exist (see tolling rules above), but for most missed deadlines, the right to benefits for that injury is gone.
Oregon Workers Comp Rules
- Waiting period: 3 days
- Attorney contingency fee: 10-25% (tiered by award type and size)
- State agency: Oregon Workers' Compensation Division