656.140 Coverage of persons operating equipment for hire
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/or/ors-chapter-656/workers-compensation/coverage/656-140·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
656.140 Coverage of persons operating equipment for hire.
(1)Any person, or persons operating as partners, who have an ownership or leasehold interest in equipment and are engaged in the business of operating such equipment for hire, may elect to cover themselves under the Workers’ Compensation Law by filing with an insurer a written application to become entitled as subject workers to the benefits of the Workers’ Compensation Law.
(2)As used in this section “equipment” means:
(a)A motor vehicle used in the transportation of logs, poles or pilings.
(b)A motor vehicle used in the transportation of rocks, gravel, sand or dirt.
(c)A backhoe or other similar equipment used for digging and filling ditches or trenches.
(d)A tractor.
(e)Any other motor vehicle or heavy equipment of a kind commonly operated for hire.
(3)The insurer may accept such application and fix a classification and an assumed monthly wage at which such person, or persons operating as partners, shall be carried on the payroll as workers for purposes of computations under this chapter.
(4)When the application is accepted, such person, or persons operating as partners, become subject workers. Thereupon, such person, or persons operating as partners, shall be subject to this chapter as a subject employer notwithstanding ORS 656.023 and shall be entitled to benefits as subject workers.
(5)No claim shall be allowed or paid under this section, except upon corroborative evidence in addition to the evidence of the claimant.
(6)Any person, or persons operating as partners, electing coverage under this section, have the same duties and responsibilities of any other subject employer in the event they hire one or more subject workers.
(7)The rights given to a person, or persons operating as partners, and their beneficiaries pursuant to this section for injuries compensable under this chapter are in lieu of any remedies they might otherwise have for such injuries against the person for whom services are being performed. [1969 c.463 §2; 1975 c.556 §24; 1981 c.854 §10; 1981 c.876 §4]