Oklahoma Work Injury options include having all your medical care paid by your employers insurance. In Oklahoma employers must carry Workers Compensation Insurance. This means that if any employee of the company faces on the job injuries, the Workers Comp Insurance will cover them. It provides benefits to workers who are unable to perform their regular job duties because of the injury. However, if you accept the payouts from the company’s Workers Comp Insurance plan, then you automatically waive your rights to sue the company under negligence regarding your injuries. The following summarizes what Workers Compensation is and some Oklahoma Work Injury Options.
Claiming Workers Compensation
There are three basic requirements that a person must meet to be eligible for Workers Comp. You can find these here under Title 85(A), but we also summarize it for your below:
- Your employer must carry Workers Comp Insurance;
- You are an employee for the company (independent contractors are not eligible); and
- The injury or illness you are claiming is related to your employment duties with the company.
You must meet all three of these requirements to file a Workers Compensation injury action. As for the first part—your employer carrying Workmans Comp Insurance—if they fail to have the required insurance, then you can sue. This will make the employer liable for your medical expenses, lost wages, temporary or permanent disability payments or more.
Benefits Under Workmans Comp
While there are several Oklahoma Work Injury Options and benefits a worker with an injury or illness may receive, there are five standard ones. These include:
- Medical care for the injury paid for by the employer;
- Temporary Disability due to the injury;
- Permanent Disability due to the injury;
- Educational Training to provide you with new job skills; and/or
- Death Benefits to your family.
As you can see, you will unlikely be eligible for all of these benefits at once. For example, if you die as a result of the injury, your family is eligible for death benefits. However, the company is not required to provide new job skills to anyone else in your place.
MORE INFORMATION ABOUT Filing A Workers Comp Injury Claim.
Being Fired For Filing Workers Compensation
A company cannot legally retaliate against your for filing a claim of Workers Comp. Thus, a company cannot fire or discriminate against you for:
– Filing a claim
– Retaining an Attorney
– Testifying about a Claim
If you do face retaliatory actions regarding a claim, you are eligible for back pay up to $100,000 and all the court costs and attorney fees of the court case.
Get Help Realizing All Your Oklahoma Work Injury Options
The new workers compensation law in our State is a mess. The insurance companies have used their influence to pass laws attempting to lesson their responsibility to cover your work injury. The laws are designed in a way that limits both the medical care you receive as well as temporary disability payments owed to you. Don’t go it alone. Get the legal advantage you need to push your treatment forward.
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.