# ORS § 147.125: 147.125 Determining amount of compensation

> Oregon · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C147_S147.125

## Section

- **Citation:** ORS § 147.125
- **Heading:** 147.125 Determining amount of compensation
- **Jurisdiction:** Oregon
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** OR Code / Title 14 / Chapter 147 / Section 147.125

## Text

(1) In determining the amount of compensation for which an applicant is eligible, the Department of Justice shall consider the facts stated on the application filed pursuant to ORS 147.105 (Application for compensation) , and:

(a) Need not consider whether or not the alleged assailant has been apprehended or brought to trial or the result of any criminal proceedings against that person;

(b) Shall determine the amount of the loss to the applicant and, in the case of a deceased victim, of the victim’s survivors or dependents as determined under ORS 147.035 (Compensable losses) ;

(c) Except as provided in paragraph (d) of this subsection, shall deduct the amount of benefits, payments or awards that are payable under the Workers’ Compensation Law, from local governmental, state or federal funds or from any source, and that the victim or survivors or dependents of the victim have received or to which the victim or survivors or dependents of the victim are entitled as a result of the death or injury of the victim;

(d) Shall not deduct the amount of proceeds from life insurance or contributions from the community that the survivors or dependents of the victim have received or to which the survivors or dependents of the victim are entitled as a result of the death of the victim;

(e) Shall consider the amount of money available for victim compensation awards as provided in the current biennial department budget approved by the Legislative Assembly or the Emergency Board, and the anticipated claims against that money; and

(f) Shall award the resultant amount to the applicant as provided in ORS 147.165 (Payment of awards) .

(2) In determining the amount of an award to be made to an applicant, the department may consider the number and type of claims filed and anticipated to be filed with the department during the current biennial budget period. If the department determines that insufficient funds will be available during the current biennial budget period to pay all filed and anticipated awards, it may prioritize claims or prorate awards based upon the anticipated available funds. The department’s decision to prioritize or prorate claims or awards is not subject to administrative or judicial review, including review under ORS 147.155 (Appeal to Workers’ Compensation Board) . [1977 c.376 §10; 1987 c.770 §5; 1989 c.542 §4; 1991 c.862 §6; 1999 c.128 §1; 2001 c.372 §1; 2023 c.318 §7]

Source: Section 147.125 — Determining amount of compensation; deduction of other benefits , https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html (accessed May 26, 2025).

## Nearby sections

- [ORS § 147.005 147.005 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C147_S147.005.md)
- [ORS § 147.015 147.015 Eligibility for compensation generally](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C147_S147.015.md)
- [ORS § 147.025 147.025 Eligibility of person not victim or survivor or dependent of deceased victim](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C147_S147.025.md)
- [ORS § 147.035 147.035 Compensable losses](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C147_S147.035.md)
- [ORS § 147.055 147.055 Emergency awards](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C147_S147.055.md)
- [ORS § 147.065 147.065 Limitation on time for commencing action for compensable crime](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C147_S147.065.md)
- [ORS § 147.105 147.105 Application for compensation](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C147_S147.105.md)
- [ORS § 147.115 147.115 Confidentiality of application information](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C147_S147.115.md)
- [ORS § 147.125 147.125 Determining amount of compensation](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C147_S147.125.md)
- [ORS § 147.135 147.135 Processing compensation application](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C147_S147.135.md)
- [ORS § 147.145 147.145 Review of order](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C147_S147.145.md)
- [ORS § 147.155 147.155 Appeal to Workers’ Compensation Board](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C147_S147.155.md)
- [ORS § 147.165 147.165 Payment of awards](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C147_S147.165.md)
- [ORS § 147.205 147.205 Authority of Department of Justice](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C147_S147.205.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C147_S147.125. Check the current official text before relying on it. Not legal advice.