Workers' Compensation in Oklahoma

Workmans compensation in Oklahoma (also known as workers' compensation, workmans comp and work compensation) is designed to ensure that workers injured on the job, or who become ill as a result of work conditions have income and medical benefits while they recover. Workers' comp insurance is compulsory in Oklahoma, and employers who do not have such insurance will face penalties.

Because workers' compensation issues can become complicated (if your employer is underinsured or uninsured or your claim is contested), proving injuries can be challenging, and your employer may be uncooperative, hiring an Oklahoma work compensation attorney is highly recommended. All workmans comp claims must be filed with an Oklahoma Workers' Compensation Court. An Oklahoma work compensation attorney can assist you with filing your claim within the appropriate deadline.

Illnesses and Injuries Covered Under Oklahoma Workers' Compensation Law

Accidental Physical Injuries

• Injuries that occur in worksite accidents in Oklahoma, such as those caused by tripping, falling, or slipping, are covered by Oklahoma workmans comp insurance.;
• Non-compensable injuries in Oklahoma include a worker's self-inflicted injuries, injuries that occur as a result of the employee's intoxication or drug use, and/or degenerative conditions that are part of the aging process.

Occupational diseases

• Covered only if they arise because of conditions or causes attributable to that particular occupation or occupational process. If the employee can show an Oklahoma Workers' Compensation Court that the injury can be attributed to his work, he may recover for diseases such as: radiation sickness, carpal tunnel syndrome, and loss of hearing. Because proof of your illness can sometimes be difficult, an Oklahoma work compensation attorney can be of great service in preparing and arguing your case in court.

Death

• If an on-the-job injury or occupational illness results in the worker's death, his dependents may be eligible for death benefits.

The Oklahoma Worker's Comp Claims Process

• File Your Claim
• Notify your boss of your injury within 30 days of the injury's occurrence, or your claim for benefits may be forever barred. You must then contact the Workers' Compensation Court and file an Employee's First Notice of Accidental Injury and Claim for Compensation (Form 3). Failure to file a Form 3, within two years of the date of your accidental injury, or within two years of the manifestation of your occupational illness, will bar you from filing for benefits because the statute of limitations has lapsed.
• Your employer must file an Employer''s First Notice of Injury (Form 2) with the Workers' Compensation Court and with its insurance carrier within ten days of being notified of your injury, or within a reasonable time thereafter.

• Seek counsel from an Oklahoma workers comp attorney.

Benefits Received in Oklahoma Under the Workers' Compensation Program

Talk to an Oklahoma workmans comp lawyer about the following types of workmans comp benefits available in Oklahoma:

• Medical Treatment: Your employer's workers' comp insurance will pay your healthcare provider for all medical treatment related to your on the job injury, such as hospital and doctor's bills.

• Wage Reimbursement: An injured employee may be reimbursed for the wages he loses traveling to and from doctor and other medical appointments related to his on-the-job injury.

• Funeral: Not to exceed $10,000.

• Death: When an employee dies as a result of his worksite injury, his dependants are entitled to receive death benefits if the employee was receiving, or would have received work compensation benefits. Death benefits may be paid in a lump sum, or weekly. The amount will vary depending on the deceased worker's family situation.

• Vocational Rehabilitation: Available when a worker is permanently disabled by his injury and so cannot perform his pre-injury work duties. Rehabilitation includes retraining for a new career, and job placement.

• Income Benefits: the following are categories of income benefits in Oklahoma:

1. Temporary Total Disability Benefits (TTD for short): If a worker is temporarily completely unable to work and is undergoing medical treatment for his injury or illness. Payments are made weekly during this period in the amount of 70% of the worker's pre-injury weekly wage. Payments will be made for up to 156 weeks.
2. Temporary Partial Disability Benefits (or TPD for short): When an employee has an injury that prevents him from temporarily performing his old job functions, but he can still work in a reduced capacity and for a reduced wage. Payments may be available, and are the difference between the employee's reduced wage and 70% of the employee's pre-injury weekly wage, per week.
3. Permanent Total Disability Benefits (PTD for short):; A worksite injury or illness has rendered the worker permanently unable to work. If the worker and his lawyer can convince the Workers' Compensation Court that the injury or illness has caused permanent incapacity, the worker will receive 70% of his average pre-injury weekly wage each week while disability continues.
4. Permanent Partial Disability Benefits (PPD for short): When the worker is permanently disabled in some way (i.e.-loss of limb or toe) but over time medically improves and can still return to some kind of employment, he can receive 50% of his pre-injury average weekly wage per week.

Why Hire An Oklahoma Workers' Comp Lawyer?

The Oklahoma workmans comp process is incredibly complicated. In part, this is because an injured employee generally must argue his case before an Oklahoma Workers' Compensation Court. Because of this requirement, it is imperative that you have an Oklahoma work compensation attorney by your side to advise you about the process, help you to formulate a strategy, and effectively make a case for your claim in court. In addition, an Oklahoma work compensation lawyer can help you consider your options for compensation, and help you if your court case is complicated by the involvement of a third person or a defective product for which a manufacturer may be responsible.

Oklahoma Code

Work compensation provisions of the Oklahoma Code:

1. Employers Subject To Workers' Compensation
   
1. Workers' Compensation, Tit. 85 § 11.
2. Covered Employees
1. Workers' Compensation, Tit. 85 § 2.1
3. Benefits
1. Workers' Compensation, Tit 85 §§ 11-41.
4. Claims Procedure
1. Workers' Compensation, Tit. 85 §3.4