Oklahoma's workers' compensation system has changed a lot over the years. The number one question remains:
"Do I have a case?"
Know your rights.
All employers, with the exception of some agricultural/horticultural employers, some tribal employers, federal government employers, and independent contractors, must provide these benefits. When employers or the workers’ compensation insurance carrier disputes an injury, starting a workers’ compensation claim helps protect the injured worker’s rights.
Injuries can result in temporary or permanent disability.
Temporary total disability prevents a person from being able to perform the worker’s job duties for a temporary period of time. With temporary partial disability, the injured worker is able to perform alternative work in place of the work the injured worker was doing before the injury until released back to work by the treating physician.
Permanent partial disability means the continuing problems a worker has after the treatment for the injury is complete and is given in a percentage form. Permanent total disability is when a worker is incapable of returning to any form of gainful employment based upon the injured worker’s education and experience. Regardless of the type of disability, the injured worker receives 70% of his or her average weekly wage up to a maximum amount set by law. The average weekly wage is calculated by averaging the worker’s wages for up to 52 weeks.
Injured workers must notify the employer of an injury within 30 days of the date of injury.
Temporary total disability benefits vary based on the date of injury. Injured workers can receive benefits for periods ranging from 8 to 300 weeks, but not continuing with recommended medical treatments can result in termination of these benefits. Temporary partial disability workers cannot exceed 52 weeks. Temporary benefits of either type can be terminated if the employee refuses the alternative or light duty work offered.
Permanent partial disability benefits vary based upon the date of injury. Injured workers in Oklahoma may receive benefits up to $360.00 a week for a maximum of 360 weeks, as well as vocational rehabilitation services. Permanently totally disabled workers receive benefits either until the worker reaches the age of maximum Social Security retirement benefits or 15 years, whichever is longer.
The amount of time a worker can receive disability benefits does differ depending on the type of disability.
If a claim is going to be made with the workers’ compensation court, it must be filed within one year of the date of injury or six months from the date of the last benefit paid.
Workers’ compensation claims often go through a mediation process in an attempt to settle outside of the Workers’ Compensation Court or Commission. In mediations, the worker and employer meet in separate rooms and a mediator goes between the two with each side’s offers to try and resolve the claim. In one recent mediation Susan Jones handled for a client, mediation resulted in a settlement of $2,000,000.00 plus payment of past medical payments and weekly benefits.
If attempts to settle out of court fail, the case will go to trial. Workers’ compensation claims are not decided by jury trials. Instead, the case is brought before a judge who makes a decision based on the facts presented. The injured worker must prove by what the law refers to as a preponderance evidence standard that he or she has a valid claim. All this means is he or she must prove that it is more likely than not that there is a valid claim. Fault for the accident does not affect eligibility for benefits in most instances.
Regardless of how the injury occurred, injured workers covered under Oklahoma’s workers’ compensation laws are still entitled to receive fair and just compensation. Our workers’ compensation lawyers know the exceptions. We help injured workers navigate the system.
Don’t let the insurance company illegally delay your medical treatment, weekly checks, reimbursements, retraining, or other benefits. Oklahoma’s workers’ compensation system has changed a lot over the years. The number one question remains: “Do I have a case?” That’s when a free initial consultation with an attorney at Toon Law Firm makes sense. Our lawyers have a long, distinguished and successful record of helping injured workers. Call us at 918.477.7884 for your free consultation today.
