Kania Law Office: Tulsa, Oklahoma Lawyer
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K
ANIA LAW OFFICE
5319 S. Lewis Ave.
Suite 120
Tulsa, OK 74105
(918) 743-2233
firm@kanialaw.com

Tulsa Lawyers

 

 

 


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


 
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