There are time limits for reporting a work Injury in Oklahoma. When you suffer a workplace injury in Oklahoma, you should seek medical treatment immediately. You do this at the same time that you report the workplace injury to your employer. You can inform the designated safety manager or your supervisor about the injury. This requirement also applies if you have developed an illness because of hazardous working conditions. If you fail to promptly report the injury this could put your claim in danger of being denied.
Reporting a Work Injury in Oklahoma
You only get 30 days from the date of your on-the-job injury to report the incident. If you delay, you could lead to denial of your Oklahoma workers’ compensation claim. The reason is that an injury reported within 30 days is presumed to be true placing the burden of proof that its not true on you employer. If on the other hand you don’t report the injury within 30 days the burden of proof switches to you. This means that the work injury is presumed to have not happened at work. This burden shifting means that you have to prove the accident happened at work. Although you may have witnesses and feel that proving the injury happened at work is easy.
Start Receiving Your Workers’ Comp Benefits Quickly
According to Oklahoma law, you will start receiving your workers’ compensation benefits within 3 days of you reporting a work injury in Oklahoma to your employer. This benefit assumes that you aren’t able to return to work or that you can only return with limited work duties. If your return is limited to light duty and your employer has light duty you must show up and accept it. If the restriction takes you off of work entirely or if your employer doesn’t have light duty this is the date your benefit will accrue or begin.
Time Limit for Filing Your Oklahoma Work Comp Claim
In Oklahoma, you do not get unlimited time to file your workers’ compensation claim. It is best to have a dedicated workers’ comp attorney on your side as soon as possible so that you are in a strong position to recover your rightful compensation. Your claim for workers’ comp benefits will have to be filed with the Workers’ Compensation Court either in Tulsa or in Oklahoma City. You are required to file this claim in one of the following time periods:
· Within one year of your workplace accident and injury.
Two years if the injury is for an occupational disease or infection.
· A death claim that was caused by the work injury must be filed within two years of the death.
Workers Comp Claims Process in Oklahoma
Your claims process will be initiated when you submit a completed Form 3 to the Workers’ Compensation Court. In the initial stage of the claims process, your employer or the insurance company providing coverage to your employer should be involved. If, however, your employer refuses to accept liability or a dispute arises on your claim, you can ask the Court to hear the claim in a trial.
To request your case to be set before a judge, you must file completed Form 9 to the Workers’ Compensation Court. A workers’ comp trial is similar to any other trial, except that no jury will be involved. The judge will decide whether you are entitled to receive benefits or how the issues must be resolved. Other issues related to your case will also be set for trial in the event a dispute arises. Those include compensability itself, changes in Doctors and for any treatment that’s been authorized by your doctor but has not been done. Still other trial issues are for the amount of disability owed to you by your employer both before the case is closed and after its ready to be closed.
Tulsa Workers Compensation Attorney Near You.
In Oklahoma, nearly every employee is protected by the workers’ compensation law. If you have been injured at the workplace, your most effective recourse is to have our workers’ comp attorneys at Kania Law provide you robust legal representation. We will fight to protect your workers’ compensation rights at every forum and help you obtain your rightful dues. To set up a free consultation, call us at 918-743-2233 or send us a message online.