Workers’ Compensation

ORS 656.039
Election of coverage for workers not subject to law

  • procedure
  • cancellation
  • election of coverage for home care workers and personal support workers

(1)

An employer of one or more persons defined as nonsubject workers or not defined as subject workers may elect to make them subject workers. If the employer is or becomes a carrier-insured employer, the election shall be made by filing written notice thereof with the insurer with a copy to the Director of the Department of Consumer and Business Services. The effective date of coverage is governed by ORS 656.419 (Workers’ compensation insurance contracts) (3). If the employer is or becomes a self-insured employer, the election shall be made by filing written notice thereof with the director, the effective date of coverage to be the date specified in the notice.

(2)

Any election under subsection (1) of this section may be canceled by written notice thereof to the insurer or, in the case of a self-insured employer, by notice thereof to the director. The cancellation is effective at 12 midnight ending the day the notice is received by the insurer or the director, unless a later date is specified in the notice. The insurer shall, within 10 days after receipt of a notice of cancellation under this section, send a copy of the notice to the director.

(3)

When necessary the insurer or the director shall fix assumed minimum or maximum wages for persons made subject workers under this section.

(4)

Notwithstanding any other provision of this section, a person or employer not subject to this chapter who elects to become covered may apply to an insurer for coverage. An insurer other than the State Accident Insurance Fund Corporation may provide such coverage. However, the State Accident Insurance Fund Corporation shall accept any written notice filed and provide coverage as provided in this section if all subject workers of the employers will be insured with the State Accident Insurance Fund Corporation and the coverage of those subject workers is not considered by the State Accident Insurance Fund Corporation to be a risk properly assignable to the assigned risk pool.

(5)

(a)

The Home Care Commission created by ORS 410.602 (Home Care Commission) shall elect coverage on behalf of persons who employ home care workers or personal support workers to make home care workers and personal support workers subject workers.

(b)

As used in this subsection:

(A)

“Home care worker” has the meaning given that term in ORS 410.600 (Definitions for ORS 410).

(B)

“Personal support worker” has the meaning given that term in ORS 410.600 (Definitions for ORS 410). [1965 c.285 §11; 1975 c.556 §22; 1979 c.839 §1; 1981 c.854 §6; 1983 c.816 §1; 1985 c.212 §2; 2007 c.241 §8; 2007 c.835 §1; 2010 c.100 §9; 2014 c.116 §12; 2018 c.75 §28]

Notes of Decisions

Written notice of coverage election can be provided by means other than application and acceptance. Quadel Industries v. Luckman, 95 Or App 612, 770 P2d 928 (1989)

Where claimant, home care worker, sustained injury performing activity that was not included on list for which claimant was compensated by Department of Human Services but was connected with care for client, claimant is subject worker for purposes of workers’ compensation coverage. SAIF v. Tono, 265 Or App 525, 336 P3d 565 (2014)

Source

Last accessed
May 30, 2023

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