Workers’ Compensation laws vary greatly from state to state. They are also dependent upon the type of workers injury disability and the extent of the on the job injury. Partial disability claims are some of the most common claims in Oklahoma workers compensation law. Approximately 17% of the Oklahoma workforce faces partial disability annually. If you are facing partial disability work injury this article will define it, describe the different types, and tell you what you are eligible for under Oklahoma workers compensation law.
Partial Disability: Permanent and Temporary
The definition of a work injury disability is under 85A O.S. § 2(16). It is:“the incapacity because of compensable at work injury to earn…substantially the same…wages the employee was receiving at the time of the compensable workers comp injury.”
Disability can be either partial or total. Partial refers to an injury that will not allow you to fully function in the same position but does not completely disable you entirely. Further, you can either be permanently or temporarily unable to perform your duties.
Permanent Partial Disability is a rating you may receive from a workers’ comp doctor. This means that you may be able to perform work, but you cannot perform the work you normally do. Further, you will never be able to return to that position or an equivalent one even after all your medical treatment is complete. As a result, you will be eligible for certain compensation:
- First, you may receive vocational training for a new position (at the company’s expense);
- You may receive compensation up to $323 each week; AND
- The compensation may run for a maximum of 6.5 years or 350 weeks.
Temporary Work Injury Disability
Conversely, you may receive a rating of Temporary Partial Disability as the result of your workers comp injury. Under 85A O.S. § 46, it says the designation means that you are unable to perform your current duties. However, this inability is temporary. You should be able to return to your regular work duties in the future. But, you cannot return until your medical treatment and rehabilitation is complete. During this temporary partial disability period you may:
- Receive compensation up to 70% of your normal wages
- For up to one year
However, you must accept any alternative work your employer offers you. If you do not accept this work, you will have issues moving forward with your compensation claims.
Tulsa Workers’ Compensation Attorney
Our injury attorneys have experience and training from helping hundreds of clients with their workers’ compensation claims. If you are facing partial disability claim problems, call our offices. Your first consultation is free. We can help you.