Workers’ Compensation

ORS 656.041
City or county may elect to provide coverage for adults in custody


As used in this section, unless the context requires otherwise:


“Adult in custody” means a person sentenced by any court or legal authority, whether in default of the payment of a fine or committed for a definite number of days, to serve sentence in a city or county jail or other place of incarceration except state and federal institutions. “Adult in custody” includes a person who performs community service pursuant to ORS 137.128 (Community service as part of sentence), whether or not the person is incarcerated.


“Authorized employment” means the employment of an adult in custody on work authorized by the governing body of a city or county.


A city or county may elect to have adults in custody performing authorized employment considered as subject workers of the city or county for purposes of this chapter. Such election shall be made by a written application to the insurer, or in the case of a self-insured employer, the Director of the Department of Consumer and Business Services, that includes a resolution of the governing body declaring its intent to cover adults in custody as provided in this section and a description of the work to be performed by such adults in custody. The application shall also state the estimated total number of adults in custody for which coverage is requested. The county or city shall notify the insurer or director of changes in the estimated total number of adults in custody performing authorized employment.


Upon receiving the written application the insurer or self-insured employer may fix assumed wage rates for the adults in custody, which may be used only for purposes of computations under this chapter, and shall require the regular payment of premiums or assessments based upon the estimated total number of such adults in custody for which coverage is requested. The self-insured employer shall submit such assumed wage rates to the director. If the director finds that the rates are unreasonable, the director may fix appropriate rates to be used for purposes of this section.


The city or county shall maintain a separate list of adults in custody performing authorized employment. A certified copy of the list shall be furnished the insurer or director upon request. Adults in custody covered under this section are entitled to the benefits of this chapter and they are entitled to such benefits if injured as provided in ORS 656.202 (Compensation payable to subject worker in accordance with law in effect at time of injury) while performing any duties arising out of and in the course of their participation in the authorized employment, provided the duties being performed are among those described on the application of the city or county.


The filing of claims for benefits under this section is the exclusive remedy of an adult in custody or a beneficiary of the adult in custody for injuries compensable under this chapter against a city or county and its officers and employees, regardless of negligence. [1967 c.472 §§2,3; 1977 c.807 §1; 1979 c.815 §4; 1981 c.854 §7; 1981 c.874 §3; 1983 c.706 §2; 2019 c.213 §149]

Law Review Citations

27 WLR 112 (1991)


Last accessed
May 30, 2023