“I got hurt at work. What are my rights?”
Many injured workers have asked this question. The answer depends on what state you work in. You may file a claim for workers’ compensation benefits if you were hurt as a worker in Oklahoma, where nearly all employers are required to carry workers’ compensation insurance. Even if you were injured in another state, you may be able to pursue a workers’ compensation claim in Oklahoma, if you were originally hired in the State of Oklahoma. When doing so, make sure you understand all your rights.
Your Immediate Rights After Getting Hurt at Work
The Oklahoma Workers’ Compensation Commission outlines the rights and responsibilities of injured workers. Injured workers have the right to:
● Seek free assistance through the Workers’ Compensation Commission’s Counselor program – Be aware this isn’t the same as hiring an attorney. Counselors who participate in the program can only offer general legal information. They cannot provide case-specific legal advice.
● Seek medical treatment – For workers’ comp to cover your medical bills, the treatment must be “reasonable and necessary,” according to the OK Workers’ Comp Commission.
You also have certain responsibilities after being injured at work. You need to notify your employer of your injuries within 30 days, and you must follow the treatment plans your doctor gives you. If they provide work restrictions, you must abide by them.
Types of Workers’ Compensation Benefits in Oklahoma
Workers’ compensation benefits in Oklahoma include:
● Medical benefits – Coverage for medical treatment.
● Disability – Coverage for lost wages if you’re temporarily unable to work due to injury.
● Partial disability – Coverage for the difference between the pre-injury wages and the injured worker’s current wages.
● Permanent total disability – Partial wage replacement if an injured worker can never work again.
● Vocational rehabilitation – Employment training if your injuries prevent you from returning to your previous line of work.
● Continuing medical maintenance – Coverage for physician-recommended maintenance care that continues after treatment has ended.
● Death benefits – The loved ones of those who pass in workplace accidents may be eligible for death benefits.
Can You Change Physicians?
Your employer has five days from learning of your injury to provide you with access to reasonable and necessary treatment. You may choose your physician if they don’t fulfill this duty. Your employer will have to cover the expense.
You may also change physicians in some circumstances. Your employer can choose your doctor if they haven’t contracted with a certified workplace medical plan (CWMP). In these circumstances, you may submit an application to the OK Workers’ Comp Commission requesting a one-time change.
Your employer may then provide a list of three other physicians who may treat you. All the doctors they name must be qualified to treat your specific injury.
If your employer has contracted with a CWMP, they can only choose a physician from the CWMP’s network. Individual CWMPs have their dispute-resolution processes for changing physicians.
Can You Sue Your Employer After Getting Compensated?
No. Workers’ compensation is an exclusive remedy in Oklahoma. In exchange for providing workers’ comp insurance, you can’t sue your employer for a workplace injury unless their intentional or egregious negligence caused it.
However, you may be able to file a third-party lawsuit. This might be an option if your injuries resulted from another party’s negligence, such as a speeding driver or a manufacturer of defective machinery.
Get Help from the Oklahoma Workers’ Compensation Lawyers at Ryan Bisher Ryan & Simons
At Ryan Bisher Ryan & Simons, we’d be glad to answer any questions you may still have about your rights as an injured worker. Contact us online or call us today for a free case review.
We are Ryan Bisher Ryan & Simons, a legal firm that, for decades, has been fighting for the rights of hardworking Oklahoma residents. Our mission is to hold the powerful accountable.
