Workers’ Compensation in Oklahoma: Process, Types, and Benefits
Getting injured during work hours in Oklahoma is covered by the state’s workers’ compensation system. Workers’ comp includes medical treatment and compensation for lost wages. The nature of the benefits you are eligible for depends on several factors, including the severity of your injuries, how long before you return to work (if at all), and your salary prior to the accident.
In the blog below, we got a workers’ compensation attorney from Chiaf Law Offices, P.C to answer important questions about workers’ comp in the state of Oklahoma.
What is the Process for Obtaining Workers’ Comp in Oklahoma?
Step 1 - Notifying the Employer of The Accident
The first step to take after the occurrence of an accident at work is informing the employer of the same. You are required to send word to the employer within 30 days of the accident in a written notice.
Step 2 - The Employer Provides Medical Assistance Within 5 Days
The employer will then arrange for medical care within 5 days of being notified of the injury. Usually, the employer will find a doctor for you. In case they fail to do so, you can undergo treatment under a doctor of your own choosing. The employer is bound by law to pay for your treatment.
Step 3 - Injured Worker Is to Stringently Follow the Treatment Plan Prescribed By The Doctor
As the injured individual, you are responsible for following the doctor’s order. Take extra care to make sure you don’t deviate from the treatment plan the doctor has prepared for you.
What Happens If a Dispute Arises in the Workers’ Comp Claim?
Step 1 - Hire a Workers’ Compensation Attorney
The Oklahoma workers’ comp legal framework is rather complicated. You will benefit greatly from the presence of an experienced workers’ compensation attorney at your side.
Step 2 - File a Claim with The Oklahoma Workers’ Compensation Commission
Your lawyer will then file a workers’ comp claim with the commission and request a hearing.
Step 3 - Gather Evidence and Witness for The Formal Trial
You have 20 days to collect documents. Witnesses and other evidence to support your claim. A pre-hearing will be held to provide you and your employer reach an agreement without taking the case to the court.
If that too fails, the final formal trial will be conducted.
While that is rarely the case, if you are unsatisfied with the results of the trial you can take your case to the Oklahoma Supreme Court.
Types of Workers’ Compensations in Oklahoma and How Much They Pay?
Temporary Partial Disability (TPD)
If you were injured in the accident but are still capable of some lighter workload but lower-paying job at your workplace you will be entitled to Temporary Partial Disability. TPD benefits are 70% of the difference between your wage before and after the accident. TPD is paid until you can go back to your normal workload or for a maximum of 52 weeks.
Temporary Total Disability (TTD)
If the injury has left you unable to do any kind of work for a temporary while, you qualify for TTD. The Oklahoma Workers Compensation Commission has set a maximum amount of $590.63 per week. Temporary Total Disability can be paid for up to 104 weeks (depending on the severity of the injury).
Permanent Total Disability (PTD)
Permanent Total Disability is paid when the accident has left the individual permanently unable to perform any type of work. PTD benefits are calculated at 70% of the weekly wage. The maximum amount is $843.75. PTD is paid until the worker qualifies for social security retirement benefits.
Permanent Partial Impairment (PPI)
In some cases, the accident may cause a worker to have some minor but permanent impairment. This leaves the worker able to work but only perform a lighter task than before. In such cases, a PPI will be paid up to 70% of the weekly wages. The maximum amount is $323 per week.
Make Them Take Responsibility
Don’t take your workplace sitting down, hold your employer responsible. Chiaf Law Offices, Oklahoma City can help you do just that. We promise to stay by your side at every step of the claim process. You don’t even have to worry about workers’ compensation attorney fees since we don’t charge a penny until and unless we have recovered your rightful compensation for you. Call us today at (405) 524-1501 for a free consultation!
**This content is not legal advice and does not presume, establish or imply any relationship between client and attorney.