Filing a Workers Compensation Claim in Oklahoma is how your claim for benefits begins. With all the changes in the past few years, Oklahoma Workers’ Compensation has changed in a big way. This may make you wonder how it works now. The good news is, Oklahoma still uses Workers’ Compensation for those on-the-job injuries. In fact, companies must carry workers comp under Oklahoma law. In order to receive these benefits though you must meet some requirements and file a claim. This article summarizes the requirements to receive workman’s comp and also what benefits you may receive.
Workers’ Compensation Filing Requirements
Oklahoma Law provides for Workers’ Compensation under Title 85A. There are three requirements you must meet before filing a claim. These are:
- You are an employee and not an independent contractor (
- Your employer carries Workers’ Comp Insurance, and
- The injury or illness you are claiming is from on the job duties.
You must be able to show all of these requirements in order to file a successful claim under Title 85A. In some cases, your employer may not carry proper insurance. But, this is not something you have control over. However, you do have other remedies in court if this is the case. Mainly, you may sue the employer for your medical expenses, lost wages, and more.
SEE OUR BLOG FOR INFORMATION ON INDEPENDENT CONTRACTORS.
Benefits under Workers’ Compensation
After Filing a Workers Compensation Claim, you are eligible for certain benefits. This is dependent upon the report the Dr. files and what your injuries are. The most common types of benefits are:
- Medical Expenses paid by the Employer;
- Permanent or Temporary Disability;
- Potential job training for a different position;
- Rehabilitation Treatments; and/or
- Death Benefits to your Family (if you die)
Filing a Claim and Employer Retaliation
Sometimes people are reluctant to file a claim due to fear that an employer may retaliate against them. This is illegal. An employer may not retaliate against you for filing a Workman’s Comp claim under Title 85A §7A. Further, the illegal retaliation includes terminating you, discriminating against your for certain benefits or promotions, or cutting your hours in response to your filing. Also, an employer may not retaliate against you for retaining an attorney or testifying regarding a claim.
Call OKC Work Injury Attorneys
Filing a Workers Compensation Claim in Oklahoma shouldn’t be so hard. Our OKC Workers’ injury Attorneys have years of experience in this field. We understand the changes to the new laws and will work to get you the best possible outcome. Call us today.