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★ Oregon · workplace

Workplace settlements
in Oregon.

By 6 min read

Oregon applies modified-51 comparative fault. The state's non-economic damages cap was struck down by the Oregon Supreme Court in Lakin v. Senco (1999) and has not been re-imposed. For workplace claims specifically, the band is built from the state-by-state tort law · jury verdict reporters · statutory caps framework and then adjusted for Oregon's modified comparative — 51% bar.

Oregon applies modified comparative negligence with a 51% bar. A workplace claimant who is 50% at fault still recovers 50% of damages; one assigned 51% recovers nothing. This is slightly more claimant-friendly than the 50% bar applied in some neighbouring states, and it leaves room for negotiation in mixed-liability workplace cases where the comparative-fault split is close to even.

Oregon does not impose a state-specific statutory cap on the standard heads of damage in workplace cases. The band is constrained primarily by jury verdict ranges, insurance policy limits, and the strength of the medical paper trail. Catastrophic workplace claims with documented future care needs can clear the upper end of the band without bumping into a statutory ceiling.

★ OR · statute of limitations
2 years from date of injury

Or. Rev. Stat. § 12.110

★ OR · fault rule
Modified comparative — 51% bar

Modified comparative — recovery barred at 51% claimant fault.

★ workplace · neighbouring jurisdictions

Compare to neighbours.

How Oregon's fault rule and limitation period compare to other US jurisdictions for workplace claims.

JurisdictionFault ruleLimitationWorkplace page
Oregon · you are hereModified comparative — 51% bar2 years from date of injury—
AlabamaPure contributory negligence2 years from date of injuryAL · workplace →
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · workplace
ArizonaPure comparative negligence2 years from date of injuryAZ · workplace →
ArkansasModified comparative — 50% bar3 years for personal injury; 2 years for medical malpracticeAR · workplace →
CaliforniaPure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)CA · workplace →
ColoradoModified comparative — 50% bar2 years for personal injury; 3 years for motor vehicleCO · workplace →
ConnecticutModified comparative — 51% bar2 years from date of injuryCT · workplace →
DelawareModified comparative — 51% bar2 years from date of injuryDE · workplace
District of ColumbiaPure contributory negligence3 years from date of injuryDC · workplace →
FloridaModified comparative — 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · workplace →
GeorgiaModified comparative — 50% bar2 years from date of injuryGA · workplace →
HawaiiModified comparative — 51% bar2 years from date of injuryHI · workplace
★ OR · workplace · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

★ all of OR
Oregon overview

Fault rule, statute, caps, and key facts for Oregon as a whole.

★ federal frame
Workplace in United States

Workplace band structure and severity tiers at the US level.

★ all 15 countries
Workplace · everywhere

Cross-jurisdiction comparison of workplace bands.

★ editorial note

Figures on this page are starting points: the US band adjusted for Oregon's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Oregon. See /methodology, /sources, and /disclaimer.