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Oklahoma Workers' Compensation Laws

Oklahoma offers locals sweet tea, beautiful sunsets, and rapid weather changes. Whether you live in the city or a small town, you know that no place is quite like this gateway to the west. But if you are injured at work, you will be thankful to learn that Oklahoma workers' compensation laws require your employer to carry insurance to protect you from the financial hardships caused by workplace injuries.

In the table and accompanying explanations below, you will find summaries of the critical aspects of Oklahoma workers' comp laws.

Statute Section

Title 85, et seq.

Time Limits

  • Notice to employer: 30 days (§ 85A-68)
  • 2 years from the date of most injuries, 1 year for occupational diseases (§ 85A-69)

Benefit Waiting Times

85 O.S. Rule 14

  • Waiting Period: 7 days
  • Retroactive After: 21 days

Mental Injury Coverage

  • Limited (§ 85A-2)

Coverage

Most employers in Oklahoma with more than five employees are required to carry workers' compensation insurance. There are classes of employees exempt from the rule, including domestic and agricultural workers. Coverage for mental injuries is limited to injuries which stem from a physical injury in the workplace. This means that if you require medical treatment for post-traumatic stress disorder after a routine work evaluation, it is highly unlikely that your treatment would be covered. Victims of violent crimes are exempt from this limitation. Most occupational injuries which occur in the scope of employment are compensable.

Benefits

Your employer if required to provide you with medical treatment within five days of you notifying your employer that you were injured. If your employer fails to provide you with medical treatment, you may be entitled to select your own treatment provider at your employer's expense. You are also entitled to payment for wages lost due to time away from work and vocational rehabilitation if you are unable to return to your prior occupation. If your loved one died due to a work-related injury, you may be entitled to death benefits.

Dispute Resolution

If your employer denies your claim, you must file a CC-Form 9 Request for Hearing or CC-Form 13 Request for Prehearing Conference. All evidence, including your witness list, must be exchanged 20 days before the hearing date. At the hearing, you or your attorney will have the opportunity to present evidence supporting your case. This evidence may include documentation proving your wages or testimony from your care provider proving the extent of your disability. If you disagree with the decision of the court, you have 10 days to appeal the decision. Alternatively, mediation is available to help both you and your employer avoid the time and cost of the traditional litigation process.

Get Help From an Oklahoma Attorney

Workplace injuries can result in time lost away from work, medical bills, and other financial hardships -- but Oklahoma law requires your employer to carry insurance coverage to protect you both. Filing a claim in Oklahoma can be confusing. If you were injured at work or suffer from an occupational disease and need skilled legal assistance, get a free claim review with no obligation from an Oklahoma attorney.

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