Employees who suffer a workplace injury or illness do not always make a full recovery: they can permanently lose the use of a body part or bodily function. In some cases, the worker can still return to their job or other types of work. Oklahoma’s workers’ compensation system provides these employees with financial benefits that are determined in part by the percentage of impairment to the affected body part or bodily function. As such, the worker has a financial interest in maximizing their percentage of impairment – and their employer’s insurer has an equally pressing financial interest in minimizing it.
Determining the amount of workers’ compensation benefits you deserve for a permanent partial impairment may involve complex medical evidence. An experienced Oklahoma workers’ compensation attorney can help you document the extent of your injury, pursue a scheduled loss award, and advocate for your right to maximum compensation.
What Is a Scheduled Loss Award?
In the Oklahoma workers’ compensation system, a scheduled loss award or permanent partial disability award provides workers who have suffered a work-related injury or illness with financial payments based on the permanent loss of use of a body part or bodily function. Scheduled loss awards can compensate a worker for the loss of use of a body part or bodily function.
The amount of a scheduled loss award depends on several factors, including the worker’s average weekly wage prior to their injury/illness, the body part(s) affected, and the degree of impairment. The Oklahoma Workers’ Compensation Commission maintains a scheduled loss award chart that outlines the number of weeks a worker can receive payments and the total compensation the worker can receive. Alternatively, workers might receive the award as a lump sum payment.
A worker might instead receive a non-scheduled loss award, which pays compensation for loss of use of a body part or bodily function not listed on the scheduled loss award chart, such as brain injuries, spinal injuries, or mental health disorders.
Who Is Eligible for a Scheduled Loss of Use Award?
A worker may become eligible for a scheduled loss of use award after they’ve reached maximum medical improvement for their work-related injury or illness. Workers typically receive scheduled loss of use awards if they suffer a permanent partial disability that does not render them entirely incapable of working.
Once a worker’s treating physician determines it likely that no further treatment or rehabilitation will result in any further improvement of the worker’s medical condition, the physician will evaluate the areas of the worker’s body affected by their work injury or occupational disease to determine how much function has been lost. The doctor will note the degree of loss as a percentage of the total function of the body part.
For example, suppose a worker suffered nerve and ligament damage in their hand from a work injury, and the worker’s doctor determines they have lost half of the original function of the hand. The doctor will note that the worker has suffered a 50 percent loss of use of the hand. Alternatively, if the worker suffered a traumatic or surgical amputation of a body part due to a work injury or illness, the doctor would note a 100 percent loss of use.
What Happens After a Doctor’s Medical Report Is Submitted?
Following the submission of the medical report by the worker’s treating physician, the worker’s employer may contest the doctor’s assessment of loss of use and request a hearing before the Workers’ Compensation Commission. The employer might request the worker submit to an independent medical examination. An administrative law judge will review the medical reports and other evidence, including medical records of the worker’s treatment and rehabilitation, to determine the loss of use and the scheduled loss award.
Compensation Available in Oklahoma for a Scheduled Loss Injury
After suffering a scheduled loss, you may obtain an award that pays you compensation for the loss of use of a body part. Under Oklahoma’s Workers’ Compensation Act, you may receive workers’ compensation benefits at a rate of 70 percent of the worker’s pre-injury/illness average weekly wage, up to a maximum of $360 per week. The number of weeks a worker may receive payments will depend on the body part and percentage of loss, at most 360 weeks for loss of use of the whole body. Under certain circumstances, a worker may receive a scheduled loss of use award as a lump sum payment.
How Long Does It Take to Get An SLU Award?
Various factors will determine how long it will take for you to receive an award for a permanent partial impairment. First, you will only become eligible for an award once you reach maximum medical improvement for your work injury or occupational illness. You may undergo months or years of treatment and rehabilitation before your treating physician determines that no further treatment will likely improve your condition. You can still receive wage-loss benefits during this time.
It may take a couple of weeks after this point for your doctor to examine you and draft a report assigning you an impairment rating. If your employer objects to the rating your doctor has given you, you may pursue a permanent partial impairment award by requesting a formal hearing before an administrative law judge.
What If My Claim Is Denied?
Suppose your employer rejects your claim for a scheduled loss award or contests the percentage of impairment assigned by your doctor. In that case, you can appeal to the Oklahoma Workers’ Compensation Commission, which will schedule a hearing to decide your claim. An administrative law judge will preside over the hearing, listening to your and your employer’s evidence and arguments. If the ALJ rules against you or you disagree with some portion of the ALJ’s ruling, you can appeal to a three-judge panel of the WCC. If you still disagree with the ruling after appealing to the panel, you have 20 days to further appeal to the Oklahoma Supreme Court.
Contact The Workers’ Compensation Lawyers at Ryan Bisher Ryan & Simons for Help
Have you suffered permanent impairments due to a work-related injury or illness? If so, you may have the right under the workers’ compensation law to pursue an SLU award. Contact Ryan Bisher Ryan & Simons today for a free, no-obligation consultation to discuss your legal options with our experienced workers’ compensation lawyers.
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