Who Is Covered?
Workers' compensation is a no-fault system. Since it makes no difference who is to blame for the accident or injury, employees do not have to prove that the employer's negligence caused it. To be compensable under workers' compensation, the injury--the term is meant to include occupational diseases--need only arise out of and in the course of employment. However, there are a few key exceptions. All Oregon employers must carry workers' compensation insurance.
Exceptions. Only the following types of workers do not have to be covered:
• Domestic servants, home health workers, gardeners, maintenance workers, and similar workers in private homes
• Casual workers who earn less than $200 in a 30-day period and whose work is not in the course of the employer's trade, business, or profession
• Employees who are covered by federal law (such as maritime and railroad workers)
• Workers in interstate transportation whose employers have no fixed place of business in Oregon
• Employees of cities of over 200,000 that provide workers' compensation under a city charter or ordinance
• People who perform services for a religious, charitable, or relief organization in exchange for board and lodging
• Newspaper carriers over the age of 19
• Qualified real estate agents
• Owners of equipment such as taxicabs and trucks who furnish, maintain, and operate the equipment
• Volunteers for nonprofit, charity, or religious groups
• Sole proprietors, partners, and members of limited liability companies, unless they are engaged in construction
• Independent contractors
• Persons performing services for room and board only
• Recreational down-river boaters who operate under federal permits and who furnish their own equipment
Leasing companies. Employee leasing companies must provide coverage for workers leased to client companies unless the client has an active guaranty contract with the Workers' Compensation Division (WCD).