Injuries on the job are a major problem in the Oklahoma workforce. In fact, in 2016 over $60 million was paid out in workers compensation law cases. Thus, employers must carry Workers Compensation insurance. This insurance pays medical and lost wages for any employee who receives injuries while working on the job. In exchange for accepting these benefits, the worker further waives the right to sue the employer for other compensation. This article will explain Workers Compensation in more detail below.
Understanding Workers Compensation Law
Title 85A is the Oklahoma statute governing Workers Compensation law. Therefore, for you to be eligible to collect for your on the job injury, you must meet three requirements.
First, your employer must carry Workers Comp.
Second, you must be an employee and not an independent contractor. Further, independent contractors are not eligible for workers compensation.
Third, your injury must be from the job. Thus, you must be injured while on-duty or as a direct result of your particular job.
Standard Benefits from Workers’ Comp
There are five standard benefits you may qualify for with your Workers Compensation claim. These include:
- Temporary Disability Benefits (medical expenses, wages, etc.)
- Permanent Disability Benefits (medical expenses, wages, etc.)
- Supplemental Training for a Different Job Position (paid by company)
- Medical Care Expenses for the Injury
- Death Benefits.
However, you will not be eligible for all of these benefits at once. For instance, if you die on the job it will be impossible to retrain you for a different position.
MORE INFORMATION ABOUT INDEPENDENT CONTRACTORS VS. EMPLOYEES HERE.
Employer Retaliation against Employees who File
An employer cannot legally retaliate against your for filing a workman’s comp claim. So, if your employer harasses, terminates, or demotes you for
any of the following actions regarding your claim, you have grounds to sue.
- Filing a Claim.
- Retaining an Attorney.
- Testifying about a Claim.
Wagoner Work Injury Attorneys
If you need help with the process of filing a Workmans Comp claim, then call our offices. Our Wagoner Work Comp Attorneys have years of experience helping people get a fair decision in their cases. Your first consultation is free. So don’t hesitate to call.
