|
Workers
Compensation Law in Oklahoma
Tulsa, Oklahoma Workmans Compensation Injury Lawyers and attorneys
Oklahoma
work Injury? Call our Tulsa work comp lawyers serving all of Green Country
Can
I File Workers Compensation in Oklahoma?
Oklahoma workers' compensation laws provide money and medical benefits to
Oklahoma employees who
have sustained injury as a result of an accident, injury, or occupational disease on-the-job.
Workers' compensation is designed to protect workers and their dependents against the hardships from injury or
death arising out of the work environment.
The Workers' Compensation Act provides a means of recovery outside of
common law negligence, which would require an employee to bring a suit
through county district court and prove fault on the part of the
employer. With only minimal exceptions, Workers' Compensation
benefits are provided "without regard to fault . . ."
Okla. Stat. tit. 85, § 11(A) (2001). Additionally, working
through the Workers' Compensation Court is generally more streamlined
than a negligence suit in district court. However, the Workers'
Compensation Act is intended to benefit the employee and employer alike.
Although
employers under the Act are required to purchase Workers' Compensation
insurance and accept liability for work injuries regardless of fault,
employers benefit by receiving immunity from Oklahoma district court actions.
Further, employers benefit from the monetary awards caps under the Act.
Benefits
Available to Injured Oklahoma Workers?
Under
the Oklahoma Workers' Compensation Act (Okla. Stat. tit. 85, § 1 et
seq.), injured employees may be eligible for the following benefits:
- Medical
treatment;
- Compensation
for time off work during the healing process, (Temporary Total
Disability benefits or Temporary Partial Disability benefits);
- Compensation
for permanent disability (Permanent Partial Disability or Permanent
Total Disability);
- Training
for different employment if the employee is no longer able to
perform the same work, (Vocational rehabilitation);
- Compensation
during period of vocational rehabilitation;
- Death
benefits to spouse, children, and other dependants;
- Reimbursement
for death related expenses
What
Medical Treatment Will I get For An On The Job Injury?
If
You have been injured on the job your employer is required to provide
you with all reasonable and necessary medical
treatment. Generally once you are injured you are required to
notify your employer of the injury. Once this is done the
employer will file his work comp claim and send you to a workers comp
doctor. This Doctor will treat you and either refer you to a
specialist who is authorized to treat work injury clients under the
Oklahoma Workers compensation Act.
Temporary
Total Or Temporary Partial Disability:
Once
you have been assigned a treating Doctor this Doctor will examine you
and set you on a course of treatment. Along with this treatment
he will either place you on work restrictions if necessary or will or
will take you totally off work depending on your particular medical
circumstances. If he releases you back to work with work
restrictions such as no lifting or bending your employer must accommodate
those retractions. In the event that the employer does not have
any light duty that you can perform the employer may send you home and
in this case pay you 75% of your salary up to certain dollar
maximums. If on the other hand your Doctor places you on total
temporary disability you will not be able to return to work until
treatment is complete and during this time the employer will pay you
temporary disability as set out above
Permanent
Partial Disability:
Once
you are done treating your Doctor will release you at what is called
Maximum Medical Improvement. If you agree and do not want
another Doctor to do a second opinion by filing a form A the insurance
company lawyers and your lawyer will have you rated for permanent
partial disability. Generally, the Doc who did the treatment on
you will rate his work as a percentage of permanent partial disability.
At this point YOUR Work Comp lawyer will also have you rated but, by
an independent Doctor. In most all the cases I have done the
rating will differ immensely and this is where you get paid, as each
percentage rating of partial disability relates to a dollar value paid
to you at the end of the case. When the insurance company refuses to
settle on a reasonable rate based on both Doctors rating of permanent
partial disability I will go to court and fight to make sure the Judge
sees all the evidence of permanent partial disability including the
rating report the my independent Doctor prepares.
Permanent
Total Disabilty:
Oklahoma
Workers' Compensation Courts:
Tulsa
Workers' Compensation Court
Oklahoma
City Workers' Compensation Court
Tulsa Oklahoma work injury
work comp Attorneys
The
Kania
Law Office helps
injured Oklahomans receive workers compensation under Oklahoma's Workers' Compensation
Act. We will file your work injury claim within 24 hours and
advance your work injury claim aggressively. If
you would like a free consultation with a local Tulsa Workers Compensation lawyer from the Kania
Law
Office
please call (918) 743-2233 or fill out this form.
|