If you were injured on the job in Oklahoma, one of your first questions is likely: “What is the value of my workers’ compensation case?”
The value of a workers’ compensation case depends on several legal and medical factors. Unlike a personal injury lawsuit, workers’ comp does not pay for pain and suffering. Instead, Oklahoma law focuses on medical treatment, lost wages, and the long-term impact of your injury on your ability to work. This article breaks down the key factors that influence the value of your case.
1. The Extent of Your Injury and Impairment Rating
The most important factor in determining the value of a workers’ comp case is your permanent impairment rating. After you complete treatment or reach maximum medical improvement, a licensed workers’ compensation physician assigns a percentage of permanent disability based on your injury.
Your impairment rating affects:
- Permanent partial disability (PPD) benefits
- Whether you qualify for permanent total disability (PTD)
- How long benefits can be paid
More severe injuries—such as amputations, spinal injuries, or traumatic brain injuries—typically result in higher impairment ratings and higher compensation.
2. Your Average Weekly Wage (AWW)
Your average weekly wage determines how much you receive in:
- Temporary Total Disability (TTD) payments
- Temporary Partial Disability (TPD) payments
- Permanent disability benefits
Oklahoma law uses your earnings, including overtime, before your injury to calculate a weekly amount the insurance company must pay. A higher AWW means a higher case value.
3. The Type of Benefits You Qualify For
Workers’ compensation provides several types of benefits, and the value of your case depends on which ones apply:
Temporary Total Disability (TTD)
Paid when you cannot work at all during medical recovery.
Temporary Partial Disability (TPD)
Paid if you can work reduced hours or a light-duty job at a lower wage. The rating is determined by your workers’ compensation treating doctor who writes a report for your attorney.
Permanent Partial Disability (PPD)
Compensation for lasting injuries that do not prevent you from working entirely. Once again, your workers’ comp attorney will send you to his rating doctor who will write a PPD report to use as evidence in court or for the purpose of settlements.
Permanent Total Disability (PTD)
Paid when you cannot return to any form of gainful employment.
Vocational Rehabilitation
If you cannot return to your old job, you may qualify for retraining benefits. The idea is that you will be trained for a new job but the training is very limited.
Each benefit category has different payment rates and time limits that affect total value.
4. The Quality and Consistency of Your Medical Treatment
Medical evidence is the backbone of any workers’ comp claim. Several treatment-related factors influence the value of your case:
- Early reporting and documentation of your injury. This is critical as several statutes of limitations are unknown to most injured workers and could cost you your case.
- Consistent medical appointments
- Following all treatment instructions
- Clear diagnostic findings (MRI, X-ray, nerve studies, etc.)
- Specialist evaluations (orthopedic, neurologist, etc.)
Insurance companies often challenge claims with gaps in treatment, inconsistent complaints, or unclear medical findings. This is part of a delay and deny strategy that your injury attorney can help remedy.
5. Whether You Can Return to Work
Your ability (or inability) to return to your job plays a major role in determining how much your case is worth:
- If you return to full duty with no restrictions, benefits may be limited.
- If you return with restrictions that reduce your earning power, you may qualify for additional benefits.
- If you cannot return to work at all, you may qualify for PTD or vocational retraining.
The more your injury limits your earning capacity, the higher the potential value of your claim.
6. Whether the Insurance Company Disputes Your Claim
Insurance companies regularly dispute:
- Whether the injury is work-related and the steps taken by you after the injury. Many times, the insurance company sends you to their doctor and as you can imagine, the report is written for their benefit. Your work injury attorney will also send you to their doctor for a more comprehensive compensability report.
- The need for certain medical treatments. You might find that the insurance company is quick to approve only minimal treatment, making you wait for recommendations made by the treating doctor.
- The severity of the injury
- The impairment rating assigned by your doctor
Disputes can lead to:
- Independent Medical Examinations (IMEs)
- Depositions
- Court hearings
- Delays in benefits
An experienced Oklahoma workers’ compensation attorney can counter these disputes and ensure your impairment rating and benefits are calculated correctly.
7. Past Medical Conditions and Pre-Existing Injuries
Insurance companies often argue that symptoms are related to pre-existing conditions rather than work injuries. Under Oklahoma law:
- If work aggravates a pre-existing condition, the aggravation is compensable.
- Pre-existing limitations may reduce the impairment percentage but do not bar recovery.
The clearer your medical history and documentation, the more accurately the case can be valued.
8. The Possibility of Settlement
Many workers’ compensation cases in Oklahoma end with a settlement known as a Joint Petition. The value of a settlement depends on:
- Your impairment ratings from both the insurance company doctor and the doctor your workers compensation attorney sends you to.
- Whether further medical treatment is needed
- Whether future TTD or PPD is expected
- Whether the insurer wants a full and final release
- Whether you will need future surgery
Cases involving unresolved medical issues (like a potential spinal surgery) typically settle for more.
Why Every Case Is Different
Two workers with similar injuries may receive very different compensation because:
- They earn different wages. The higher your wages, the higher the settlement will be.
- They have different job duties
- They receive different medical treatment, some involve surgery while others may only involve soft tissue injuries.
- Their injuries affect their long-term abilities differently
This is why a personalized legal evaluation is essential.
Get Help With Your Oklahoma Workers’ Compensation Case
As you can see, the Value of your Workers’ Compensation Case is dependent on several factors. If you were injured at work, you do not have to face the workers’ compensation system alone. Our office represents injured workers throughout Oklahoma, and we help clients maximize their benefits by making sure:
- Impairment ratings are properly calculated
- All benefits are claimed
- Insurers do not undervalue or wrongfully deny treatment
- Settlements reflect the true impact of your injury
For a free consultation with a Tulsa, Oklahoma workers’ compensation attorney at Kania Law Office, call 918.743.2233. Or you can ask a free online legal question by following this link.
Tulsa's Local Personal Injury Lawyers
Are you looking for Tulsa attorneys who will fight aggressively for you? Our team of personal injury attorneys have the experience needed in Oklahoma law to secure the outcome you deserve.
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