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Linda Repp
503-947-7664
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Employer Compliance Unit
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Purpose
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To bring employers into
compliance with coverage laws and expedite benefits to workers whose employers have
no coverage.
Failure to provide coverage
can subject a non-complying employer to civil penalties of not more than $1000 or
twice the premium that would have been due for the period of non-compliance, whichever
is greater, and an additional civil penalty of not more than $250 for each day such
violation continues during a subsequent period of non-compliance.
In addition, the non-complying employer is liable for all claim costs and claims
processing administrative fees incurred.
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Responsibilities
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Employer
coverage: Provide initial employer indexing information and investigate reports of
employers not carrying workers' compensation insurance on their employees.
Noncomplying employer sanctions: Assess sanctions against non-complying employers.
Court injunctions: Initiate proceedings to permanently enjoin a non-complying
employer from employing without workers' compensation coverage. Initiate contempt proceedings
for violations of injunctions.
Insurer sanctions: Works with insurers to assure appropriate coverage filings
are made. Assesses sanctions for untimely coverage filings.
Public education: Promote education about Oregon workers' compensation coverage
requirements while serving as a resource for that education.
Worker Leasing Company License Program - License businesses to operate as worker
leasing companies in Oregon. Monitors to ensure licensed companies continue to operate
in accordance with the administrative rules. Investigates complaints of companies operating
as a leasing company without a license. |
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Functions
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The field investigators
and coverage investigators respond to allegations of employers not carrying workers'
compensation coverage. Two laws help the unit monitor employer coverage: physicians must
report uninsured on-the-job injuries to WCD within 72 hours and insurers must file proof
of coverage with WCD for each workers' compensation policy and notify the employer and
WCD when insurance is canceled.
Based on information received, the unit conducts one of two basic types of employer investigations:
those related to injury claims and "non-claim" investigations. Staff must investigate
claims received on uninsured employers within 60 days. The claims are then referred to
an assigned claims agent for processing so benefits can be paid. Penalties are assessed
in both types of investigations when violation of coverage rules are found.
In addition to investigating claims and cancellations, the unit cooperates with other
agencies in joint investigations of high risk and problem industries. Staff also respond
to telephone inquiries of employer coverage and provide public information and training
on employer coverage requirements. |
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Primary
governing rules
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OAR 436-050:
Employer/Insurer Coverage Responsibility
OAR 436-080: Noncomplying Employers |
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For
more information contact:
Employer
Compliance Unit: 503-947-7515
FAX: 503-947-7718 |
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If you have questions about this webpage, please contact
Linda Repp, 503-947-7664.
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