HB 4086 Extends workers’ comp liabilities

VOTE: NO
Signed into law by Gov Brown on 3-2-22
Status (overview) of bill: https://olis.oregonlegislature.gov/liz/2022R1/Measures/Overview/HB4086

Extends workers’ compensation chapter to employers of less than six, extends retaliation protections to all employees, clarifies that a person acting on behalf of the employer is also liable for retaliation, and protects workers who inquire about workers’ compensation benefits. Removes provisions that excluded beneficiaries who live outside the United States and extends definition of dependent.

Personal Choice and Responsibility
The measure refers to Oregon family law to determine who qualifies as a surviving spouse or cohabitant, and makes it applicable to beneficiaries who live outside the United States. Adds as “dependents” domestic partner including their grandchildren, sibling’s or step-sibling’s spouse or domestic partner; and adds any friend who may have a family-type relationship.

Limited Government
Workers’ compensation law requires most employers to provide their workers with workers’ compensation insurance coverage; the law provides an exclusive remedy for job-related injuries and occupational diseases. Removes from Oregon law the exclusion for employers with less than six employees from discriminating against a worker for applying for workers’ compensation benefits, utilizing the procedures to receive those benefits, or giving testimony as required to receive benefits. HB 4086 extends workers’ comp chapter to all employees. The measure also refers to Oregon family law to determine who qualifies as a surviving spouse or cohabitant to include other relationships other than spouse, removes provisions related to beneficiaries who live outside the United States, and replaces references to “invalid” with “incapacitated”.

Free Markets
Extends retaliation protections to all employees, and that a person acting on behalf of the employer is also liable for retaliation, and protects workers who inquire about workers’ compensation benefits. This bill will raise workers’ comp rate, particularly small business with less than sex employees, and employers that hire employees with alien dependents.