Workers’ Compensation

ORS 656.160
Effect of incarceration on receipt of compensation


Notwithstanding any other provision of this chapter, an injured worker is not eligible to receive compensation under ORS 656.210 (Temporary total disability) or 656.212 (Temporary partial disability) for periods of time during which the worker is incarcerated for the commission of a crime.


As used in this section, an individual is not “incarcerated” if the individual is on parole or work release status. [1990 c.2 §50]

Notes of Decisions

Criminal incarceration renders claimant ineligible to receive benefits during incarceration period regardless of whether incarceration resulted from actual commission of crime. Johnson v. RSG Forest Products, 129 Or App 192, 878 P2d 449 (1994)


Last accessed
May 30, 2023