Oklahoma Laws Regarding Worker’s Compensation
Getting hurt at work is a reality for many Americans. Approximately 2.7 million Americans were hurt in 2020 due to a job-related injury or illness. Chances are, you could one day be injured at work as well. When you do, it’s important to understand the specifics of Oklahoma Workers Compensation laws. Understanding these laws can help you take advantage of all your benefits, understand your rights, and pursue legal action if necessary.
What is a Work Injury in Oklahoma?
Workers’ compensation Oklahoma laws might differ from other states. One of the biggest differences is what is considered a work injury, and what is not considered a work injury. For more information, you can look at the Oklahoma workers compensation commission guide for injured workers. This guide will be updated periodically, so you should check in with Tulsa workers comp attorneys for additional support during your case.
Currently, a work injury in Oklahoma is any injury that occurs as a result of employment activities. However, if the injury occurs due to recreational activities, or even if it occurs on the way to your shift or coming home, these injuries also do not qualify for workers compensation benefits.
You Can Be Covered for Medical Treatment and Temporary Total Disability
A Tulsa workers comp attorney can help you get the maximum amount of coverage for your injury. In Oklahoma, it’s possible to get temporary total disability, also known as TTD. TTD is awarded when your injury prevents you from working completely. If you are unable to work, you can be compensated for up to 208 weeks in temporary total disability. The amount of coverage will be equal to 70% of the employee’s pay. However, there might also be a limit set by the Oklahoma workers compensation commission on how much you can receive.
Compensation Length Depends on the Injury
If your injury is a soft tissue injury, meaning you were injured due to a muscle sprain or strain, or a muscle tear, there are very strict limitations on the amount of time you can draw temporary total disability (TTD). Should you sustain a hernia at work, you are only entitled to six (6) weeks of TTD no matter how long you are off as a result of the hernia. It’s best to get the help of an attorney and the opinion of a medical provider who can properly categorize your injury so you can get the compensation you need.
Volunteers Can Also Be Covered
Not all volunteers are covered by workers compensation laws in Oklahoma. However, there are certain exceptions to that. Volunteers that are entitled to receive workers compensation benefits include:
- Oklahoma National Guard members
- Volunteer firefighters
- Volunteer emergency responders
- Volunteer police officers
Volunteer workers will receive compensation based on their regular occupation.
You Can Win a Big Settlement
If you’re injured at work, you may be able to receive a settlement for your injuries. Settlements will vary and will be granted based on a variety of different factors. Some of these factors include:
- Medical treatment
- Medical maintenance
- Vocational rehabilitation
- Surgery
- Permanent disability
- Temporary disability
You will need to prove in the Oklahoma workers compensation court that you truly need to be compensated due to your injuries. Therefore, it’s important to get the best legal representation possible to represent you during court.
Mental Injuries Might Not Be Covered
Continued and chronic stress is normal for some jobs. However, you might not be able to earn compensation for mental illnesses acquired during your time at work. You can only receive mental health treatment and compensation if your mental health condition was caused by a physical injury. For instance, suffering a back injury can lead to chronic pain, which can in turn lead to depression. A Tulsa workers comp attorney can inform you of your options if you sustain this type of injury.
You Have the Right to Request a Different Doctor
You have the right under Oklahoma law to change your doctor if you feel this would benefit you. This is a one-time change that can be initiated through filing a claim at the Workers’ Compensation Commission.
Get Professional Help for Oklahoma Workers Compensation Today
At Burton Law Group, we have a powerful group of attorneys ready to help you get the benefits you deserve. Our Oklahoma workers compensation attorney is here to help you through this difficult period. Call us today to schedule a consultation.