Most people know that when they suffer on the job injuries they can file a workers compensation claim. However, most people do not know the ins and outs of the process. 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.
- Notify your employer as soon as the injury occurs or as soon as you notice the injury. Some employers have a written protocol of how to notify. Other employers may simply require an oral notice to a supervisor. If its practical we suggest you provide written notice.
- The employer initiates the claim by contacting their Workers Compensation insurance provider. Employers are required to have workers comp insurance. If they do not, then you’re forced to sue the employer for medical damages.
- Once the claim is filed you get to see the Doctor. This doctor is called your treating physician. The treating physician makes recommendations for treatment. He or She also gives you work restrictions if they are necessary. You continue with the treating physician until released back to work or to what’s called maximum medical improvement.
- Upon completion of your treatment you get rated for full or partial disability. Your level of disability depends on the extent of the injury and which body part is injured. Its the rating that determines how much money you get for the injury. If you don’t have an attorney the insurance company will use their own doctor to rate the level of disability. If you hire an attorney the attorney will get you rated by your own doctor. This doctor is independent from the workers compensation doctors. This independence usually leads to a more favorable rating for you.
Filing Requirements for Workman’s Comp Claim
One of the most obvious and clear requirements for filing a workers comp claim is reporting the injury. You must report the injury within a specific period of time. If you do not do this the statute of limitations may time barred your claim. This could also lead to your case being dismissed. If your case gets dismissed you wont receive benefits or medical treatment.
Another requirement is you must be an actual employee of the company. This leaves out coverage for independent contractors for the employer. You must also show with clear and convincing evidence that the injury was caused by the work and not a preexisting injury. If the insurance company accepts the claim and begins the treatment you must continue to treat. If you don’t the case is closed and you wont get the treatment you need.
Oklahoma Workers Comp Attorneys
When ever you’re injured at work you should hire an attorney, Workers compensation law in Oklahoma has many requirements. If you fail to follow the requirements you risk your case and reduce the treatment you get. By hiring an attorney you’re sure to follow the procedures and maximize your benefits and treatment. 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.