Disclaimer: This content is for informational purposes only and does not constitute legal advice. I am not a lawyer. Consult a licensed workers’ comp attorney in your state.
Quick Answer: Oregon Workers’ Comp Weekly Benefits
In Oregon, workers’ comp pays 66.67% of your average weekly wage (AWW), up to the current state maximum — which equals 100% of Oregon’s State Average Weekly Wage (SAWW). For 2024, the Oregon SAWW was $1,336.16/week, making the maximum Temporary Total Disability (TTD) benefit $1,336.16/week. Oregon DCBS updates the SAWW each year; verify the exact current cap at oregon.gov/dcbs. There is no flat statewide minimum TTD benefit — your floor is simply 66.67% of whatever you actually earned, with narrow exceptions for very low-wage workers.
💬 From Shane
Look, I’ll be honest with you: surviving on 66.67% of your paycheck is brutal. When I got hurt in 2015, I thought my benefit check would show up automatically and would be close to what I was used to. Neither thing was true.
The math sounds simple — two-thirds of your wage. But two things blindsided me. First, the insurance company calculated my AWW using only my base hours and left out the overtime I’d been pulling for six straight months. That cost me roughly $190 a week. Second, I didn’t budget for the delay. In Oregon, you don’t receive TTD for the first three days of disability unless you’re disabled for 14 or more days. Those gaps add up fast.
Before your first check arrives, sit down and do this math yourself using the formula and table below. Do not assume the insurer got it right. In my experience — and in the experience of the attorneys I’ve talked to while building this wiki — incorrect AWW calculations are one of the most common and most easily corrected mistakes in the system. But you have to catch it yourself.
The Exact Calculation Formula
Oregon’s workers’ comp benefit calculation is governed by ORS 656.210 (TTD) and ORS 656.212 (Temporary Partial Disability, or TPD).
Step 1: Calculate Your Average Weekly Wage (AWW)
Oregon uses the 52-week lookback method as the standard approach. The insurer should take your total gross earnings from all employment in the 52 weeks immediately before your injury date and divide by 52.
AWW = Total Gross Earnings Over Prior 52 Weeks ÷ 52
What counts toward your AWW in Oregon:
| Earnings Type | Included in AWW? | Notes |
|---|---|---|
| Base hourly wages | ✅ Yes | All regular hours |
| Overtime pay | ✅ Yes | Must include actual OT earned |
| Bonuses (regular/production) | ✅ Yes | If earned as part of normal work |
| Holiday pay | ✅ Yes | If paid as part of employment |
| Vacation/PTO pay (if paid out) | ✅ Yes | |
| Tips (reported) | ✅ Yes | If part of regular compensation |
| Second job wages | ✅ Yes | If injury disabled you from that job too |
| Employer-paid health insurance | ❌ No | Fringe benefits excluded |
| Bonuses (purely discretionary) | ❌ No | One-time, non-performance gifts |
Critical note on second jobs: If you worked two jobs at the time of injury and the injury prevents you from working both, Oregon law allows wages from both employers to be included in your AWW calculation. Many insurers skip this. Keep pay stubs from every employer.
Step 2: Calculate Your TTD Benefit
Weekly TTD Benefit = AWW × 0.6667
Step 3: Apply the Cap and Floor
Your benefit cannot exceed Oregon’s current SAWW (the 2024 cap was $1,336.16/week). If 66.67% of your AWW exceeds that number, you receive the cap. There is effectively no statutory minimum floor separate from the formula itself.
Pre-Calculated Oregon Workers’ Comp Benefit Table
Based on the 66.67% rate. Benefits above the current SAWW cap receive the maximum. Verify the current cap annually with Oregon DCBS.
| Your Gross Weekly Wage | 66.67% Benefit | Capped? |
|---|---|---|
| $300 | $200 | No |
| $400 | $267 | No |
| $500 | $333 | No |
| $600 | $400 | No |
| $700 | $467 | No |
| $800 | $533 | No |
| $900 | $600 | No |
| $1,000 | $667 | No |
| $1,100 | $733 | No |
| $1,200 | $800 | No |
| $1,300 | $867 | No |
| $1,400 | $933 | No |
| $1,500 | $1,000 | No |
| $1,600 | $1,067 | No |
| $1,700 | $1,133 | No |
| $1,800 | $1,200 | No |
| $1,900 | $1,267 | No |
| $2,000 | $1,334 | No |
| $2,100 | $1,336* | At Cap |
| $2,200 | $1,336* | At Cap |
| $2,300 | $1,336* | At Cap |
| $2,400 | $1,336* | At Cap |
| $2,500 | $1,336* | At Cap |
| $2,600 | $1,336* | At Cap |
| $2,700 | $1,336* | At Cap |
| $2,800 | $1,336* | At Cap |
| $2,900 | $1,336* | At Cap |
| $3,000 | $1,336* | At Cap |
*Cap reflects 2024 SAWW of $1,336.16. If you earn above ~$2,005/week, you hit the cap. Confirm the current cap year for your claim date.
What the Law Says vs. What Actually Happens
Oregon law is clear that AWW must reflect your actual earning capacity. Reality is messier.
Common Insurer AWW Errors — And How to Catch Them
Error #1: Excluding Overtime
The law says overtime must be included. But insurance adjusters sometimes calculate your AWW using only your base rate × standard hours, ignoring months of documented OT. Pull your last 12 pay stubs. Add every dollar of gross pay. Divide by 52. Compare to what the insurer claims your AWW is. If there’s a gap, that’s your fight.
Error #2: Wrong Lookback Period
If you worked less than 52 weeks for your employer, Oregon allows a proportional calculation — but some insurers still shortchange this. If you started the job 20 weeks before your injury, your AWW should reflect a comparable worker’s wage or your actual rate, not a diluted average.
Error #3: Ignoring Second-Job Income
Oregon’s multi-employment rule (ORS 656.210(2)) requires including wages from a second job if the same injury prevents work there too. Insurers routinely omit this. You must notify them proactively and provide proof.
Error #4: Calculating TPD Incorrectly
Temporary Partial Disability (when you return to light duty at reduced hours) should equal 66.67% of the difference between your pre-injury AWW and your current reduced wage. Insurers sometimes calculate this off current earnings alone, not the wage difference.
What to do: Request a written copy of how the insurer calculated your AWW within the first week of your claim. You have the right to this information. If the number is wrong, file a dispute with the Oregon Workers’ Compensation Division.
Real Case Example: Fluctuating Hours + Overtime
Worker: Marco, 34, concrete finisher in Portland
Injury Date: March 12, 2024
Employer: Commercial construction subcontractor
His actual earnings over 52 weeks prior to injury:
| Period | Description | Gross Earnings |
|---|---|---|
| Weeks 1–12 | Winter: slow, 35 hrs/wk avg | $18,900 |
| Weeks 13–40 | Spring/Summer: 50 hrs/wk avg (heavy OT) | $53,200 |
| Weeks 41–52 | Fall: 40 hrs/wk avg | $18,600 |
| Total | 52-week gross | $90,700 |
Correct AWW: $90,700 ÷ 52 = $1,744.23/week
Correct TTD (66.67% of AWW): $1,744.23 × 0.6667 = $1,162.95/week
What the insurer initially calculated:
They used only his base hourly rate ($26/hr) × 40 hours, claiming his “regular wage” was $1,040/week and his TTD benefit was $693/week.
The gap: $1,162.95 − $693.00 = $469.95 per week underpaid
Marco was on TTD for 14 weeks. The total underpayment would have been $6,579.30 if he hadn’t caught it. His attorney filed a dispute, presented 12 months of pay stubs, and the insurer corrected the AWW within 30 days.
Frequently Asked Questions
Q: What is Oregon’s waiting period before I receive TTD benefits?
Direct Answer: Oregon has a 3-day waiting period for TTD benefits. You do not receive payment for the first three days of disability — unless your disability lasts 14 or more consecutive days, in which case you receive retroactive payment for those first three days as well.
Detailed Explanation: Under ORS 656.210(1), the 3-day waiting period starts from the first day you are unable to work. If your claim is accepted and your disability lasts fewer than 14 days total, you will permanently lose payment for those first three days. If you’re disabled for 14 days or longer — which is common in serious injuries — the insurer owes you back pay for the waiting period. Do not assume this retroactive payment will be issued automatically. Confirm in writing with your insurer once your disability crosses the 14-day mark. Also note: the day of injury itself does not typically count as a lost workday unless you were unable to complete a substantial portion of that day’s shift.
Q: How does Oregon handle TTD for workers with seasonal or irregular income?
Direct Answer: For workers with irregular hours, Oregon still uses a 52-week gross earnings lookback, which naturally smooths out seasonal fluctuations. The total earnings divided by 52 is considered your true average, regardless of week-to-week variation.
Detailed Explanation: This is actually protective for workers in trades like construction, landscaping, agriculture, and hospitality — industries where summer earnings dwarf winter earnings. The insurer cannot cherry-pick a slow period to calculate a lower AWW. They must use the full 52 weeks of actual earnings. If you worked fewer than 52 weeks for this employer, Oregon law allows your AWW to be based on a similarly situated employee’s wage or a proportional calculation. Seasonal workers should gather W-2s and pay stubs for the entire prior year. If you worked for multiple employers during the year in the same trade, make sure wages from relevant employers are included. Ambiguous cases benefit significantly from attorney representation at the AWW-setting stage.
Q: Are taxes taken out of my workers’ comp checks in Oregon?
Direct Answer: No. Oregon workers’ comp TTD and TPD benefits are not subject to federal income tax, Oregon state income tax, or FICA (Social Security/Medicare) withholding. You receive your benefit check with no deductions.
Detailed Explanation: This tax-exempt status comes from IRS Revenue Ruling 79-313 and is consistent across all states. However, this creates a planning nuance: if you return to partial work and receive both wages (taxable) and TPD (non-taxable), your total income may appear similar to pre-injury but your effective tax rate changes. Additionally, if you are receiving Social Security Disability Insurance (SSDI) simultaneously, a workers’ comp offset may apply that reduces your SSDI payment — a “reverse tax” of sorts. This SSDI offset is calculated under 42 U.S.C. § 424a. If you receive or apply for SSDI during an open workers’ comp claim, consult an attorney before settling, because a lump-sum settlement can be structured to minimize the offset.
Q: Can my employer stop my workers’ comp benefits if they offer me light-duty work?
Direct Answer: Yes. Under Oregon law, if your employer offers you modified or light-duty work within your medical restrictions and you refuse it without good cause, your TTD benefits can be suspended.
Detailed Explanation: This is one of
More Oregon Workers Comp Resources
Need help finding the right next step?
This article is general educational information, not personal advice. You can use our Contact and Feedback page to report a correction, suggest a topic, or—where available—optionally request a connection with an independent professional.