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Experiencing a workplace injury is often a long and frustrating experience. Not only is your livelihood affected, but you may also be struggling through a painful recovery process.
Oklahoma requires that most employers carry insurance to cover employee injuries. However, the process to obtain fair and adequate compensation can be complicated. Our team at Frasier, Frasier & Hickman, LLP, is well-versed in workers’ compensation law in Oklahoma. Contact our office today and schedule a free consultation.
In the state of Oklahoma, strict rules govern the timelines to file for workers’ compensation benefits. Additionally, it is essential that you begin the workers’ compensation process by taking the following steps:
Without a workers’ compensation attorney on your side, you run the risk of having your claim hijacked by your employer or an insurance company. Do not leave your fate in the hands of others. Put a hardworking workers’ compensation attorney on your side and get the compensation you deserve.
Regardless of your job or the industry you work in, our attorneys can help you.
Our lawyers will stand with you throughout your entire case and offer professional legal counsel to ensure you receive the compensation to which you are entitled. Call our Tulsa office today at 918-212-5113 to schedule a consultation, or complete our online contact form.
1.How long do I have to report a workplace injury to my employer in Oklahoma?
Under Oklahoma law, you must give notice of a work-related injury to your employer within 30 days of the incident, or within 90 days for an illness or repetitive trauma injury. Late notice creates a rebuttable presumption that the injury is not work-related, which gives the employer and insurer a strong argument to deny the claim.
2. How long do I have to file a workers’ compensation claim in Oklahoma?
For most accidental injuries, you must file a claim with the Oklahoma Workers’ Compensation Commission within one year from the date of the injury, or within six months from the last payment of benefits if you have already received some, whichever is later. For occupational illnesses or repetitive trauma injuries, the deadline is generally two years from the date of injury or diagnosis.
3. Can I see my own doctor for a work-related injury?
In Oklahoma, the employer or its insurance carrier generally has the right to choose the treating physician for a workers’ compensation injury. You may request a one-time change of physician through the Workers’ Compensation Commission, but you cannot simply switch to your personal doctor and expect those bills to be covered by workers’ comp.
4. What benefits are available under Oklahoma workers’ compensation?
Workers’ compensation provides medical treatment, disability benefits for time missed from work, rehabilitation benefits, and—if a worker dies from a work-related injury—death benefits for the worker’s dependents. Temporary total disability benefits typically pay 70 percent of the worker’s average weekly wage, up to limits set by state law.
5. Can I be fired for filing a workers’ compensation claim?
No. Oklahoma law prohibits employers from retaliating against an employee for filing a legitimate workers’ compensation claim, and a worker who is fired in retaliation may have a separate legal claim for wrongful termination. However, an employer can still discipline or terminate an employee for unrelated reasons, which is why documentation throughout the claim process is important.
Talk to an attorney today