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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.

★ band · US federal frame
Scheduled statutory benefits — no pain-and-suffering award
Workplace injury (workers compensation)
State workers-compensation schedules; value tracks the impairment rating, the wage rate and future medical, and most claims close by compromise-and-release rather than verdict.

The US band is the starting point. Oregon's fault rule and any applicable cap then adjust the figure.

united states · sister site
Your workplace claim in Oregon. See the number for your own case.

The range above is a starting point. FairSettlement gives you a free estimate for your own workplace case in about two minutes, no cost and no obligation.

Check my case
★ 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 · same region & fault regime

Compare to like jurisdictions.

How Oregon's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for workplace claims.

JurisdictionFault ruleLimitationWorkplace page
Oregon · you are hereModified comparative — 51% bar2 years from date of injury—
UtahModified comparative — 50% bar4 years for personal injury; 2 years for medical malpracticeUT · workplace
WashingtonPure comparative negligence3 years from date of injuryWA · workplace →
WyomingModified comparative — 51% bar4 years from date of injuryWY · workplace
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · 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 →
PennsylvaniaModified comparative — 51% bar2 years from date of injuryPA · workplace →
South CarolinaModified comparative — 51% bar3 years from date of injurySC · workplace →
TexasModified comparative — 51% bar2 years from date of injuryTX · workplace →
VermontModified comparative — 51% bar3 years from date of injuryVT · workplace
Rhode IslandPure comparative negligence3 years from date of injuryRI · workplace
South DakotaPure comparative negligence3 years from date of injurySD · 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.