Tulsan’s filed approximately 1200 Oklahoma Workers Compensation disability claims in 2015. This is an estimated 17% of the work force according to the Oklahoma Workers’ Compensation Commission Report. As a result, just over $2,350,000 worth of Oklahoma Workers Compensation Disability payments went to the partially disabled employee claims. The partial disability industry is substantial and one that requires legal counsel to navigate.
Oklahoma Law: Temporary vs. Permanent Disability:
Oklahoma Workers Compensation disability law defines “disability” as the incapacity because of compensable injury to earn…substantially the same…wages the employee was receiving at the time of the compensable injury.” While there are two categories of disability—total and partial—this article is focusing solely on partial disability claims. This can further divide into two subcategories: permanent and temporary.
Temporary Partial Work Injury Disability:
Under the Oklahoma Administrative Workers’ Compensation Act § 46 “temporary partial disability” is defined. It means an injured employee may not be able to perform his or her current job, but the inability to perform is temporary. Further, it means the employee may perform alternative work in place of normal employment. Eventually, you may return to their original position after necessary medical care and/or rehabilitation. Section 45(B) of this Act defines the compensation you may receive if temporarily under partial disability:
Compensation up to 70% of pre-injury wage;
For a maximum of 52-weeks; but
You must accept any alternative work the employer offers.
Permanent Partial Work Injury Disability:
Permanent partial disability is similar to temporary disability in the fact that you may be able to perform alternative work. However, you will not be able to return to your pre-injury position, or an equivalent position, after rehabilitation or when the maximum medical improvement has been met (85A Okl.St.Ann. §2(34). The possible compensation for Permanent partial disability includes:
Compensation up to $323/wk;
For a period of 350 weeks or approximately 6.5 years; and
Up to one year’s worth of vocational training in a feasible area of employment.
Let or Tulsa Injury Lawyers Help You:
While this hopefully provides you with a basic understanding of Oklahoma Workers Compensation Disability and permanent versus temporary partial disability, many legal intricacies remain. For instance, filing deadlines and paperwork requirements exist that are imperative to understand and follow. Our experience in filing workers’ compensation claims provides the knowledge and understanding you need to file a valid and effective claim. Let us help you through this complex process and get you the settlement you deserve. You can call us at 918.743.2233 for a free work injury consultation or read more about work injury claims on our Tulsa lawyers blog.
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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.