If you suffer an injury at work in Oklahoma, workers’ compensation benefits can cover your medical expenses and offer a vital financial lifeline while you heal. But the state’s workers’ compensation laws are confusing, and claiming benefits can be challenging — especially if your employer denies your claim.
The Ryan Bisher Ryan & Simons team is here to explain workers’ compensation rules in Oklahoma, answer your questions, and give you a better sense of your rights under the state’s workers’ comp system. To learn more, contact us for a free consultation with an experienced workers’ compensation lawyer.
Who Qualifies for Workers’ Comp in Oklahoma?
According to the state Workers’ Compensation Commission (WCC), most full- and part-time workers in Oklahoma qualify for workers’ comp benefits if they’re injured or become ill. However, the commission does list a few types of workers who do not qualify for workers’ comp benefits. These exceptions include the following:
- Independent contractors who do not meet the definition of an employee under Oklahoma workers’ compensation statutes
- Federal government employees or other workers whose injuries are covered by federal law
- Real estate brokers and associates who work on a commission basis
- Certain people who work for programs administered by the state Department of Human Services, particularly those who work in medical or social service programs, such as nursing homes, or participate in work or training programs
- Anyone who works for a business with five or fewer employees if those employees are all related within the second degree by blood or marriage to the employer, all dependents living in the employer’s household, or a combination of relatives and dependents
- Agricultural or horticultural workers employed by businesses with less than $100,000 in payroll for workers for the preceding calendar year
Reporting On-the-Job Injuries or Deaths
According to Oklahoma’s workers’ compensation laws, you must report a work-related injury to your employer or begin medical treatment within 30 days of the injury. If you develop a work-related illness or sustain an injury from repetitive trauma related to your job, you must notify your employer within 90 days. According to the Workers’ Compensation Commission (WCC), the deadline to submit a workers’ compensation claim is one year from the date of injury or death — though some exceptions may apply.
We recommend you report any injury or illness as soon as possible. Any delay in reporting your injury or starting medical treatment could result in a loss of benefits. If you suffer a work-related injury and need immediate medical treatment, have a trusted friend, family member, or coworker submit an injury report to your employer.
Appealing Denied Workers’ Compensation Claims
Once you notify your employer of your injury or submit your claim to the WCC, your employer and their workers’ compensation provider will review your claim and decide whether or not to accept it. If they deny your claim, you can appeal their decision.
An employer must provide an employee with a statement of intent to deny or accept compensation within 15 days of notice of the injury. If the statement of intent denies compensation, you can try to reach an agreement with your employer through mediation. The WCC Counselor Division can help you organize a mediation session with your employer to resolve the dispute over your claim.
If you and your employer cannot resolve a dispute, request a prehearing conference before an Administrative Law Judge (ALJ). If the conflict remains unresolved, you will have a hearing before the ALJ to review your medical records and other evidence to decide the dispute.
Should the ALJ rule against you, you can file an appeal with the entire Workers’ Compensation Commission within ten days of the ALJ’s decision. If the total commission denies your claim, you can appeal to the Oklahoma Supreme Court within 20 days of the commission’s ruling. No doubt this entire process is
extremely complicated, and if you choose to meditate, have a hearing, or file an appeal without the benefit of an experienced workers’ comp attorney, you will be required to argue your case against a skilled workers’ comp insurance defense attorney.
Receiving Benefits for Wages and Medical Payments
If your employer accepts your workers’ comp claim, they must pay for all reasonable, medically necessary treatments for your injury or illness.
According to Oklahoma law, if you miss work for more than seven calendar days due to your injury, you are entitled to weekly temporary total disability benefits (TTD). These benefits cover 70 percent of your average weekly wage, up to certain limits set by state law. In addition, if you can perform alternative work but earn less income than before the injury, you may qualify for Temporary Partial Disability (TPD) benefits.
Permanent Partial Disability (PPD) benefits can help injured workers who sustained a permanent injury but can still work. These benefits are set at 70 percent of your average wages, up to a specific limit. You may qualify for Permanent Total Disability (PTD) benefits if your injuries are permanent and prevent you from working. These benefits amount to 70 percent of your weekly wage but are capped at 100 percent of the state’s average weekly wage.
When Will You Stop Receiving Workers’ Compensation Benefits?
How long your workers’ comp benefits last depends on the type of benefits and the extent of your injuries. Medical benefits last until you fully heal or settle your claim. TTD benefits typically last up to 156 or 208 weeks in certain circumstances. PTD benefits may last up to 15 years or until you qualify for Social Security retirement benefits, whichever period is longer. An Oklahoma workers’ compensation lawyer can tell you how long your benefits may last.
Contact an Oklahoma Workers’ Compensation Lawyer Today
Understanding Oklahoma’s workers’ compensation system requires the knowledge and experience of a trusted attorney like the ones with Ryan Bisher Ryan & Simons. Our respected attorneys have decades of extensive experience handling thousands of workplace injury claims, making us exceptionally knowledgeable on Oklahoma’s workers’ comp laws. Contact us today for a free consultation, and we’ll answer your questions in detail.
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