How Long Do You Have to File a Workers’ Compensation Claim in Oklahoma?

How Long Do You Have to File a Workers’ Compensation Claim in Oklahoma? Image

Waiting can cost you your entire claim!

Miss a deadline in filing an Oklahoma workers comp case and insurers will argue that your case should be thrown out before benefits are even considered.  If you are already worried about the clock, a top-rated Tulsa workers comp attorney can review your dates, medical treatment, and benefit history and provide help before deadlines become a defense weapon for the insurance company. Knowing exactly how long you have to report your injury and file with the Oklahoma Workers Compensation Commission is the first step to avoiding these costly mistakes and protecting your right to benefits.

Key Deadlines in Oklahoma

Oklahoma law sets up two separate timing requirements: notice to the employer and filing with the Oklahoma Workers Compensation Commission.

Under Title 85A, an injured worker must give oral or written notice of a single-event injury to the employer within 30 days of the incident. If that notice is late, the law creates a rebuttable presumption that the injury is not work-related, which gives the employer and insurer a strong argument to deny your Oklahoma workers compensation claim. Reporting promptly helps a Tulsa workers comp attorney later demonstrate that your story has been consistent from day one.

Separate from notice, you must file a CC-Form-3, Employee’s First Notice of Claim for Compensation, with the Commission within specific time limits. For most accidental injuries:

  • You must file within one year from the date of injury, or
  • If you have received benefits, within six months from the last payment of workers’ compensation benefits, whichever is later.

These rules come from Oklahoma’s statute of limitations provision, 85A O.S. § 69, which the Oklahoma workers compensation commission and courts enforce strictly. Filing late lets the employer move to dismiss your case with prejudice—even if your medical records clearly prove a serious injury.

Special Time Limits for Occupational Disease and Death Claims

Not every work injury is a single accident. Some injuries develop slowly, such as hearing loss, lung disease, or repetitive-trauma conditions. Oklahoma workers compensation law sets different limitation periods for these cases:

  • Occupational disease or infection: your claim must be filed with the Commission within two years from the date of the last injurious exposure to the harmful condition.
  • Silicosis or asbestosis: you must file within one year after disablement, and the disablement must occur within three years of the last injurious exposure.
  • Diseases caused by X-rays, radioactive substances, or ionizing radiation: the claim must be filed within two years from the date a medical doctor informs you of the condition. 

If an employee dies because of a work injury or occupational disease, dependents generally have two years from the date of death to file a death-benefit claim with the OWCC. These cases often involve significant wage replacement and funeral benefits, so surviving spouses and children should speak with Oklahoma workers compensation lawyers promptly to make sure eligibility and dependency are properly documented.

Older Injuries and the Oklahoma Workers Compensation Court of Existing Claims

If your work injury happened many years ago, you may still see references to the Oklahoma Workers Compensation Court or the Court of Existing Claims. The modern Oklahoma workers compensation system is governed by the Administrative Workers’ Compensation Act and administered by the Commission, but older injuries (especially those before February 1, 2014) may still be handled under prior law in the Court of Existing Claims with different filing and reopening rules.

Those older cases can involve disputes over permanent disability, medical maintenance, or reopening a claim for a change of condition. Decisions like Ibarra v. Hitch Farms and Thompson v. J.W. Buck Construction, in which the Oklahoma appellate courts held that claims and requests to reopen were timely filed, show how aggressively employers litigate statute-of-limitations issues. If your original case went through the old Oklahoma workers compensation court rather than the Commission, it is essential to let OKC workers compensation lawyers review the old orders, payment history, and any prior settlements before assuming you have no further options.

Workers Comp Injury Attorneys Protecting Your Oklahoma Filing Window

Strict deadlines, 30-day reporting rules, and strict procedures before the Oklahoma Workers Compensation Commission can put your benefits at risk if you wait too long. Burton Law Group uses decades of experience, proven case results, and focused injury attorneys to keep your claim on track from the start. If you need a Tulsa workers comp attorney after a denial or delay, you can have a legal team ready to act quickly for you. Take control of your timeline and contact us today to protect your right to workers’ compensation benefits.