In 2016, an equestrian worker at an Oklahoma camp for the Girl Scouts fell from her horse. Her injuries include a burst compression fracture in her lower back. Due to this injury, the worker is unable to return to work. She received an award of temporary total disability. As a result, she cannot work or she may lose the worker’s compensation benefits. This articles explains situations like this and also Workers compensation permanent total disability requirements.
Total Disability —Permanent
In cases where Workers Compensation Permanent Total Disability is involved, you face severe and irreparable injury. For example, you may lose a limb, eyesight, or have a back injury that is not able to fully rehabilitate. Look to Oklahoma’s Workers’ Compensation Compensation permanent disability laws, §45(D)(1-2) explains your possible benefits:
- You may receive 70% of your wages until you reach retirement age or your reach a 15 year cap;
- During your disability period you may not work or you will face suspension of your benefits;
- If you die from your injuries, then your family may receive benefits for a six month period.
Total Disability —Temporary
Temporary Total Disability does not have a concrete definition in Oklahoma law. Essentially though, it means that you suffer workplace injuries and you are unable to perform neither your regular work nor any other work. You are eligible for compensation during this time. In 85A O.S. §45(A)(1), you can:
- Receive up to 70% of your regular weekly wage;
- For a period of 2 years total.
The court may extend this time period by a year if it deems necessary. However, you must not work during this time or you may lose your benefits.
Tulsa Work Injury Attorneys
If you face injuries while on the job, you are eligible for a workers’ compensation claim. Receiving total disability is a serious issue. Don’t let the red-tape of the system keep you from getting the settlement and treatment you deserve. Call our offices today to safeguard your rights.
