Can You Sue Your Employer Outside of Workers’ Comp in Oklahoma?
When you’re facing a serious work injury, you need more than just basic answers—you need clear guidance from a top-rated accident lawyer in Oklahoma City. Because in Oklahoma, workers’ compensation is generally the only way to recover from your employer after a workplace injury. However, the law recognizes a few key exceptions that open the door to direct lawsuits. Here’s when you may have the right to sue—and what you need to know about each scenario.
When Your Employer Intentionally Causes Harm
Most injuries at work are accidental, and for those, workers’ compensation is your only recourse. But Oklahoma law makes a crucial exception for situations where an employer’s actions go far beyond ordinary carelessness. If your employer intentionally harms you—either through a direct assault or by ordering you to do something dangerous with full knowledge it will result in injury—you may be able to sue. The standard is high: you must show the employer meant for you to be hurt or acted knowing serious injury was almost certain. Cases like this are rare, but when they happen, they open the door for a civil lawsuit in addition to, or instead of, a workers’ comp claim.
It includes cases where an employer forced a worker to use clearly unsafe equipment after repeated warnings or even directly committed violence against the employee. If you believe your injury was the result of intentional harm, you should consult with a personal injury lawyer immediately. Lawsuits in these cases can recover full lost wages, medical bills, pain and suffering, and sometimes even punitive damages.
When Your Employer Doesn’t Have Workers’ Comp Insurance
Oklahoma law requires most employers to carry workers’ compensation insurance. If your employer breaks this law and does not have coverage, you gain the right to sue them directly for all your damages. This is a significant exception, because it means you can recover much more than what the Oklahoma workers compensation system typically offers. In these cases, the court may order the employer to pay for all your medical care, lost wages, pain and suffering, and your attorney fees as well.
When You Face Retaliation for Filing a Claim
Some employers, unfortunately, respond to a workers’ comp claim by punishing the employee who filed it. Oklahoma law makes it illegal for an employer to fire, demote, or otherwise retaliate against you simply because you sought benefits after a work injury. If this happens, you have the right to sue for wrongful termination or retaliation. These lawsuits are handled outside the Oklahoma workers compensation court, and they allow you to seek reinstatement, lost pay, and compensation for emotional distress.
Proving retaliation requires careful documentation—such as emails, personnel records, or witness testimony that connects your workers’ comp claim to the negative action by your employer. If you’re in this situation, speaking to a Tulsa workers comp attorney as soon as possible can make all the difference in protecting your rights.
When a Third Party Causes Your Injury
Sometimes, a work injury isn’t directly your employer’s fault at all. Oklahoma law allows injured workers to file a lawsuit against a third party—someone other than your employer—if that person or company was responsible for your injury. This commonly happens in construction accidents, delivery driver crashes, or cases involving defective machinery or equipment. You can receive workers’ compensation and also file a lawsuit against the at-fault third party for damages like pain and suffering, full wage loss, and other losses not covered by workers’ comp.
For example, if you’re a delivery driver hit by a negligent motorist, you can work with a lawyer to recover additional damages from the at-fault driver, while still getting your regular workers’ comp benefits. Or, if you’re injured by a malfunctioning machine, you could pursue a product liability case against the manufacturer. An Oklahoma City injury attorney can help determine if your accident qualifies.
When Your Employer Acts Outside the Scope of Employment
In rare instances, an employer’s actions may be so far outside the scope of normal employment that workers’ compensation doesn’t apply. For example, if your employer commits a criminal act unrelated to your job duties and you are injured as a result, you may be able to sue in civil court. These are highly fact-specific cases and often require close legal analysis to determine if you can step outside the workers’ compensation system.
Not All Injuries Are Equal–Speak to an OKC Injury Lawyer
Knowing when you can step outside the workers’ compensation system in Oklahoma is crucial for anyone facing serious injury at work. The process is complex, but the right legal help ensures you don’t leave money on the table. At Burton Law Group, you’ll get the guidance, resources, and advocacy you need—whether your case involves an intentional tort, insurance violations, third-party claims, or wrongful termination. Contact us today for a confidential review.