Workers Compensation law helps If you’ve suffered a work-related injury, or occupational disease, you need to act fast. Oklahoma work injury law has time limitations for you to report the injury. If you suffer an on the job injury you have a right to medical treatment. This also entitles you to temporary disability. If you cannot return to work during the treatment, then you receive payment. Injured at work? Then call Kania Law Office Wagoner Injury Attorneys in Wagoner.
Filing a Workers Compensation Claim:
If you fail to report the work-related injury to your employer within a specified period of time you may disqualified. The time period in Oklahoma is 30 days from the date of injury. This is further broken down in to two types of injuries with different requirements for reporting. The first is a single even injury. This involves one incidence that causes the injury. An example of a single event injury is a fall at work. The next is a cumulative trauma injury. This type of injury is one that results from repetitive activity. An example is injury to your hands resulting in carpal tunnel.
Once your employer receives notice of your work-related injury they must act., The insurance company must provide you with all reasonable and necessary medical treatment. Also, in the event you cant return to work while treating they must pay you. How long this temporary disability lasts depends on the injury type. Other potential benefits include;
- Medical Treatment and workers compensation
- Temporary Disability Benefits and workers compensation
- Compensation for Loss of Earnings and Future Loss of Earnings
- Spousal & Dependent Death Benefits
- Disability Benefits
- Perm Partial Impairment
- Permanent Total Impairment
If your loved one passes away due to a work-related injury or occupational disease, your family will be able to receive their workers’ compensation benefits. Under Oklahoma State law, a surviving spouse or dependent can receive a lump sum benefit in addition to receiving weekly benefits based upon the wages earned by the employee at the time of death. The surviving family members file Workers Compensation in a workers compensation case.
Wagoner County Workers’ Compensation Claim Process:
In the event that your employer chooses to protest the validity of your workers’ compensation claim, and fails to provide you with the necessary compensation to treat your injury, or occupational disease, then you can file a claim with the OWCC for damages against your employer. The OWCC oversees all contested workers’ compensation claims.
You have two years to file a claim with the OWCC (from the date in which the injury occurred). Further, you must have filed an original workers’ compensation work-related injury report with your employer within the allotted 30 day time period in order to meet the eligibility requirements to file a claim with the OWCC.
We recommend you hire an attorney to not only negotiate a reasonable settlement on your behalf, but to protect your rights as an employee throughout the claim process.Read Our Workers Compensation Law Blog for More Information
Once The Work Injury Claim Is Filed:
Upon your claim being filed, you will be assigned to an administrative law judge who will review the matter and make a final determination. In order to have a hearing brought forth before the judge, you will have to file specific forms.
You should hire an attorney who is familiar with the procedural practices of filing workers’ compensation claims. Your case can dismiss on the ground of you filing the wrong paperwork.
Once the proper forms are filed, the judge will hear testimony and review evidence presented from both parties to make a determination regarding the validity of your injury and what (if any) compensation you should be entitled to.
Note, the judge’s decision will be strictly limited to the evidence presented by both parties at the hearing (example- medical evidence introduced and testimonial evidence presented during the hearing). Hence, it is imperative that you consult with an attorney who can help you prepare for a successful hearing.
Contact Our Wagoner Workers’ Compensation Attorneys:
We invite you to contact our Wagoner Attorneys workers compensation attorneys for a free case evaluation. Do not wait to the last minute to file your workers’ compensation claim. Doing so can prohibit your recovery completely through the OWCC. Call 918-379-4872 or email us today to schedule your free consultation.