Oklahoma Workers Comp Claim: Eligibility, Filing and Appeals

The Oklahoma Department of Labor maintains the workers' compensation program in the state. In this program, employees injured on the job have the ability to file a claim to receive compensation for their medical costs and time lost from work. Employers pay an insurance premium to the Department for this protection. Failure to abide by the state's laws can lead to civil penalty fines up to $10,000 for the employer. Interestingly, since the program's inception in 1986, more than $3.1 million collected in civil penalties.

Common Covered Work Related Injuries

Coverage is mandatory under Oklahoma law for all employers except for those who employ domestic or household employees with less than $10,000 annual earnings, agricultural employees, licensed real estate sales persons, and any employee covered under Federal law. This protection covers individuals for any reasonable and necessary medical treatment that comes directly from an on the job injury. Under state law, this includes any injury or illness occurring while at work or off work premises while "on the clock." Driving to and from work, for example, is not covered but driving to a meeting on company time may be.

How to File a Oklahoma Workers Compensation Claim

To file an Oklahoma workers compensation claim, individuals need to contact Workers' Compensation Court and file Form 3, Employees' First Notice of Accidental Injury and Claim for Compensation. The employer may also file a workers' compensation claim directly to their insurer or the court on behalf of the employee.

Workers Compensation Claim Denials

Lack of evidence, insufficient medical reasons or care and fraudulent claims are the most common reasons for workers compensation denial. In addition, to be eligible for benefits on a temporary basis, employees must be unable to work for more than three calendar days.

Appealing a Oklahoma Workers Compensation Denial

In Oklahoma, the Oklahoma Workers’ Compensation Court handles the appeals process for workers compensation denial. This court works to handle resolutions to disputes and identification of any issues that resulted in the on the job injury. Court forms are downloadable from the website and submitted there. While not required, it is advisable for injured denied individuals to obtain legal counsel.

Workers Compensation Benefits and Payments

One must establish disability, either on a temporary or permanent basis. Once this is determined, the weeks of compensation have a basis on the type of injury. Benefits are equal 70 percent of the average weekly wage of the employee for temporary disability and 100 percent for total, permanent disability or death. Medical costs receive coverage for all approved injuries or illnesses.

In most small workers compensation cases, no attorney is required for the submission of the workers' compensation claim and approval. For substantial situations resulting in total disability and/or permanent disability, it is critical to use the services of a workers' compensation lawyer whenever possible, though not mandatory.

Oklahoma Workers Compensation Office Locations

Oklahoma City Location
3017 N. Stiles, Suite 100
Oklahoma City, Oklahoma 73105

Tulsa Location
440 S. Houston, Suite 300
Tulsa, Oklahoma 74127