Payment of benefits to injured occupationally limited trainees
(1) All clients participating in a work evaluation or work experience program of the Department of Human Services are considered as workers subject to ORS chapter 656 for purposes of this section.
(2) The department shall submit a written statement to the State Accident Insurance Fund Corporation that includes a description of the work to be performed by such clients.
(3) Upon receiving the written statement, the corporation may fix assumed wage rates for the clients enrolled in the work evaluation or work experience program, without regard to ORS chapter 652, ORS 653.010 (Definitions for ORS 653.010 to 653.261) to 653.565 (Investigating compliance with rules) or 653.991 (Penalties), which may be used only for purposes of computations under ORS chapter 656.
(4) The department shall maintain a separate list of the names of those enrolled in its work evaluation or work experience program; and shall, upon request, furnish or make such list available to the corporation. Clients covered under this section are entitled to the benefits of ORS chapter 656 and they are entitled to such benefits if injured as provided in ORS 656.156 (Intentional injuries) and 656.202 (Compensation payable to subject worker in accordance with law in effect at time of injury) while performing any duties arising out of and in the course of their participation in the work evaluation or work experience program, provided the duties being performed are among those described in the written statement referred to in subsection (2) of this section.
(5) The filing of claims for benefits under this section is the exclusive remedy of a trainee or the beneficiary of the trainee for injuries compensable under ORS chapter 656 against the state, its political subdivisions, its officers and employees, or the person who provides on-the-job training or job evaluation services for the injured client, regardless of negligence except that the exclusive remedy provisions shall not apply in the case of suits brought under the provisions of ORS 656.576 (“Paying agency” defined) to 656.596 (Damage recovery as offset against compensation) against third parties. [1971 c.581 §2; 1981 c.184 §2; 1983 c.706 §1]
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