Explaining Oklahoma Workers Compensation is what our Tulsa injury attorneys do every day. You may know someone whose suffered an on-the-job injury. This means that they’ve been injured within the course of their employment. In Oklahoma, employers by law must carry Workers’ Compensation insurance. This is a type of insurance that provides benefits to workers who cannot perform their duties due to an on-site or employment-related injury. In exchange for this benefit, the worker waives their right to sue the company for tort negligence in the States District Court. This article helps in Explaining Oklahoma Workers Compensation law and provides details about the insurance benefits available to injured workers.
Workers’ Compensation Claims
In order to be eligible for workers’ comp under the Administrative Workers’ Compensation Act in Oklahoma, you must fulfill three basic requirements. (See Title 85A) These include:
(1) Your employer must carry Workers’ Compensation Insurance;
(2) You are an employee—not an independent contractor—for the company; AND
(3) your injury or illness must be work-related.
If you do not meet one of these requirements, then you do not meet the standards to file a workers’ comp claim in Oklahoma. For example, if your employer does not carry workers’ comp insurance, then you cannot claim restitution from the Workers’ Compensation Commission. However, you can sue the employer for personal injury and negligence claims under other legal theories.
Basic Workers’ Compensation Benefits
Title 85A provides that there are certain benefits. The 5 basic benefits an employee may receive are:
(1) Medical Care at the Company’s expense (regarding the injury);
(2) Temporary Disability Benefits;
(3) Permanent Disability Benefits;
(4) Supplemental Vocational Training; and/or
(5) Death Benefits
You may be eligible for some of these benefits, but not all. For instance, if you are temporarily disabled you will likely not receive vocational training for a different type of employment.
Retaliation for Workers’ Compensation Filing
It is illegal for a company to retaliate against any employee that files a workers’ comp claim. Therefore, under Title 85A §7(A)(1-4), a company cannot discriminate or fire an employee who files a claim, retains legal counsel regarding a claim, or testifies regarding a claim. Legally, if retaliation does occur then you will be eligible for up to $100,000 in back pay, court costs & attorney’s fees for litigation.
Tulsa Workers Compensation Attorneys
Our work injury attorneys have years of experience handling the workers’ compensation cases of hundreds of clients. Your first consultation with our injury attorneys is free. Call today at 918.742.3333. Let us help you determine how to file a workers’ compensation claim in Oklahoma. You dont have to go it alone and there is no up front fee.