When Are Employers Liable for Workplace Injuries?
Oklahoma’s Administrative Workers’ Compensation Act says an employer is automatically responsible when an injury “arises out of and in the course of employment.” That means you do not have to prove fault—only that the accident happened while you were doing your duties or a task the company reasonably expected you to perform.
Once the Form 3 is filed with the Oklahoma Workers Compensation Commission and notice reaches the insurer, the company must pay for medical care, mileage, temporary total disability checks equal to 70 percent of your average weekly wage (capped by statute), and, when treatment ends, a permanent-impairment award calculated from the AMA Guides.
Employers who try to deny a valid claim face penalties and possible contempt orders. The sections that follow unpack when, why, and how an experienced Oklahoma City workers compensation lawyer from Burton Law Group can help you hold an employer fully accountable.
When the Boss Intends Harm—or Knows It Will Happen
Oklahoma’s workers’-comp shield disappears when an employer acts with “substantial certainty” that an employee will be hurt. The Supreme Court’s decision in Parret v. UNICCO opened the courthouse doors to suit for intentional torts—think removing a machine guard or ordering a welder into a tank full of explosive fumes.
In these rare but devastating situations, the injured worker can demand the full range of civil damages: pain and suffering, punitive awards, and lifetime medical costs, none of which are available in standard comp cases. Evidence often includes prior near-miss reports, maintenance logs showing disabled safety interlocks, or emails where supervisors dismiss hazard warnings.
Because punitive damages can climb into seven figures, insurers usually insist on swift settlement once proof of conscious disregard emerges. Early consultation with a Tulsa workers comp attorney ensures crucial records are preserved before managers “clean up” the scene.
When OSHA Cites the Company for Safety Violations
Federal regulations require every employer to furnish a workplace “free from recognized hazards.” An OSHA citation does more than levy fines—it serves as powerful proof that the company breached a legal duty. The maximum penalty for willful or repeated violations rose to $165,514 in 2025, underscoring how seriously regulators view safety lapses. Although workers’ compensation still pays the basic benefits, an OSHA report strengthens any negligence claim against third parties (such as equipment manufacturers) and pressures the employer’s insurer to raise settlement offers.
An injury lawyer will subpoena the full inspection file, including photographs, employee statements, and the compliance officer’s notes, then align that evidence with medical testimony to prove causation. If the citation involves lockout-tagout, fall protection, or chemical-exposure rules, juries often award aggravated damages because the standards are clear and violations are easy to understand.
When the Employer Has No Workers’ Comp Insurance
Some small firms gamble by skipping workers-compensation coverage, hoping no one gets hurt. That gamble explodes the moment an injury occurs. Oklahoma law authorizes penalties up to $1,000 per day of non-coverage, injunctions that shut down the business, and criminal charges against owners.
More important for the injured worker, exclusivity vanishes: you may sue in district court for every category of damage available in a personal-injury action—lost earnings, loss of consortium, future medical expenses, and punitive awards. Because the employer must pay defense costs out of pocket, most move quickly to negotiate once they learn a suit has been filed by a workers comp injury attorney.
When You Are Punished for Reporting an Injury or Hazard
Retaliation is itself a compensable wrong. Section 85A-7 forbids employers from firing, demoting, cutting hours, or otherwise discriminating against an employee who files a comp claim or reports dangerous conditions. If your hours suddenly shrink or you receive write-ups for trivial issues after asserting your rights, you may bring a civil action seeking lost wages, reinstatement, emotional-distress damages, and attorney fees.
Timing is the key clue: courts view adverse actions within weeks of a report as powerful evidence of illegal motive. Keep every email, text, and schedule change; these documents often make the case. A swift demand letter from an Oklahoma injury attorney can halt the misconduct and preserve your employment while negotiations proceed. If the company refuses to reverse course, a jury trial usually follows, and verdicts frequently exceed six figures once emotional-distress testimony is presented.
When You Are Misclassified as an Independent Contractor
Labeling a full-time worker as a “1099 contractor” does not erase liability. If the company controls how, when, and where you work, you are an employee entitled to compensation. Misclassification cases often start when a courier, rideshare driver, or construction laborer discovers there is no policy and medical bills are piling up. You may also sue for unpaid overtime, tax penalties, and negligence damages. Evidence includes time-clock records, mandatory-shift texts, and company uniforms—all proof of control.
What Burton Law Group Can Do For You
Burton Law Group is ready to enforce every avenue of recovery—workers’ comp benefits, intentional-tort damages, retaliation claims, and civil suits when coverage is missing. Speak with a skilled workers comp attorney by calling 800-257-5533 or request a comprehensive consultation today; strict deadlines apply, and early action preserves evidence the company would rather see disappear.