Can I Recover For Soft Tissue Injuries at Work in Oklahoma

Soft Tissue Injuries at work are very common workplace injuries in Oklahoma.  However, they are much more difficult to prove for purposes of receiving Workers Comp payments. The reason people have trouble getting workman’s comp payment is generally due to the inability to know exactly when the injury happened.  As a result, some people cannot report the injury until much later since the symptoms arise long after the injury first occurs.  This could end up with you having a serious injury that you originally thought to be minor.  What happens now?

Soft Tissue Injuries and Workers Compensation

Soft Tissue Injuries at Work in Oklahoma are governed by Title 85(A) workers comp law.  Soft Tissue Injuries are specifically under §62 in this title.  The types of soft tissue injuries this law covers are bruising, sprains, and other soft tissue tears.  Under law, you may receive 8 weeks of paid leave from your job.  However, if the injury is more severe than an 8 week recovery process can solve, your doctor may request more leave.  So, at your doctor’s request, you may receive up to 24 weeks of paid leave.

However, if your injury requires surgery, you will fall under a different statute.  This is now subject to Title 85(A) §45.  Under §45, you may receive up to 104 weeks of leave.  But, you may only receive 70% of your average weekly wages during this medical leave.  It is also important to note, that if you begin your workers comp claim under §62, but find out later that you actually do need surgery, you may transfer to a §45 claim.  This is a relatively new development in workman’s comp law.

MORE INFORMATION ABOUT WHAT YOU NEED TO DO TO FILE A WORK COMP CLAIM HERE.

Filing for Your Soft Tissue Injuries

Finding that you need surgery on your soft tissue injuries, requires that you fill out a formal request.  In this case, you must file a Form 9 request for surgery.  You need to file this form in a timely manner.  Thus, as soon as you learn you need surgery you should file the form right away.  If courts believe you are attempting to take advantage of the system for extra paid leave, then it will consider your request in bad faith.  As a result, you will likely face a denial of your request for surgery.

Soft Tissue Injury Attorneys

When filing a claim for soft tissue injuries at work in Oklahoma, it is helpful to hire legal counsel to help guide you through the process.  This is someone who will work on your side and make sure your employer is taking your best interests seriously too.  Our work injury attorney in Tulsa  has experience in injury law and offers a free consultation.