Many people know that when they suffer on the job injuries they have the option to file for workers comp. However, most people do not know the ins and outs of the process to file. The workers comp laws in Oklahoma have many essential deadlines and other details that if not done correctly could derail your claim. This article will provide you with a brief description of filing a workers comp claim.
Steps to Filing a Workers Comp Claim
The basic steps to filing a worker’s comp claim are below:
- Notify your employer as soon as the injury occurs or as soon as you notice the injury. Some places will have a written protocol of how to notify. Other employers will simply require an oral statement to a supervisor. We suggest you attempt to provide your supervisor with written notice so you can begin a paper trail in case you need to defend yourself down the line.
- The employer will initiate a claim by contacting the Workers Compensation insurance provider. Employers are required to have workers comp insurance. This will likely result in more paperwork for you at this point. If they do not, then you can directly sue the employer for medical damages.
- Once the claim files, you will be set up with a doctor to diagnose your injury. The doctor will provide you with a recommended course of treatment. At this point you should follow the treatment, but may also get a second opinion.
- Upon completion of your treatment, a doctor will examine you to ensure you have reached maximum medical improvement. If you have, you will receive a work release to resume your normal employment. If you have not, then you will need to request an extension on your recovery time.
Filing Requirements for Workman’s Comp Claim
One of the most obvious and clear requirements for filing a workers comp claim is that you must report the injury before the expirartion of the statute of limitations. If you do not do this, then your claim will face automatic dismissal and you will receive no benefits or medical payments. There are also certain requirements you must meet to be eligible for workers comp. For example, you must be an employee and not an independent contractor. You must also not accept an offer of a settlement from your employer before you reach maximum medical recovery and your doctor releases you. If you do accept one before this, then your employer no longer has the duty to pay for any medical expenses you may still have.
Oklahoma Workers Comp Attorneys
It is useful to hire legal counsel when you are filing a workers comp claim. This will ensure you meet all the proper deadlines and do not fall into the trap of accepting a settlement before your treatment is complete. Get a free and confidential workers injury consultation 918.743.2233
Tulsa's Local Workers' Compensation Lawyers
Are you looking for Tulsa attorneys who will fight aggressively for you? Our team of workers' compensation attorneys have the experience needed in Oklahoma law to secure the outcome you deserve.