Coverage for Farm Workers: Required

Limitations: farmworkers are not separately mentioned

Statute: Or. Rev. Stat. Ann. § 656.027 (2012)

Coverage for Undocumented Workers: Yes

Case Law: Or. Rev. Stat. Ann. § 656.325(5)(c) (2009) ("If the worker is a person present in the United States in violation of federal immigration laws, the insurer or self-insured employer shall cease payments pursuant to ORS 656.210 [temporary total disability] and commence payments pursuant to ORS 656.212 [temporary partial disability] when the attending physician or nurse practitioner authorized to provide compensable medical services under ORS 656.245 approves employment in a modified job whether or not such a job is available.")

Benefits Available for Undocumented Workers: Once an undocumented worker is approved to return to a modified job, the employer may stop paying temporary total disability and begin paying temporary partial disability whether or not a job is available to the worker. Or. Rev. Stat. Ann. § 656.325(5)(c) (2009). Total partial disability paymens are calculated to reflect a reduction for the income that the worker would have received but for their undocumented status. Hernandez v. SAIF Corp., 35 P.3d 1099, 1101 (Or. App. Ct. 2001). In Hernandez, the employer offered a position with the same hours and same wages, so the temporary partial disability payments were zero. Id., 35 P.3d at 1100. While employers must "offer" work, id., 35 P.3d at 1102, the statute does not require that the job actually be available. This means that employers can avoid paying temporary partial disability to undocumented workers simply by "offering" a comparable unavailable job that fits within the worker's medical restrictions. There is no indication in statute or case law of whether permanent benefits are available to undocumented workers.