Oklahoma City Workplace Accident Lawyer

Oklahoma City Workplace Accident Attorneys

Oklahoma recognizes two types of workplace injuries: incident-related and progressive injuries. Incident-related injuries are the result of one specific injury that occurred at work, while progressive injuries are the result of repetitive motions or other activities that gradually injure workers over time. Either one of these types of workers’ compensation claims can be handled by an Oklahoma City workplace accident lawyer with experience and knowledge of Oklahoma law.

At 222 Injury Lawyers, our father-son legal team has extensive experience and knowledge regarding injury law. We are well-known by insurance companies to carry a case to trial, and as a result, the settlement offers we receive on behalf of our clients are made with careful consideration.

Our proactive, aggressive approach against insurance companies leads to superb results in negotiation and in the courtroom. Meanwhile, our compassion, understanding, and ability to preempt potential problems for our clients puts us on top of our competition in Oklahoma City.

The Basics of Oklahoma Workers’ Compensation Commission

The Workers’ Compensation Commission is an insurance program that seeks to ensure workers receive indemnity benefits to cover medical expenses for illnesses and injuries caused on the job. The party who was at fault is irrelevant, as Oklahoma is considered a “no-fault” state when it comes to workers’ comp. Furthermore, some businesses and workers are exempt from the requirement or the benefit of workers’ compensation.

The specific expenses that Oklahoma workers’ comp coverage may pay for are listed below.

• Payment of work wages lost due to injuries and illnesses brought about or occurring at an employee’s work
• Medical expenses for a workplace injury or illness
• Replacement of lost wages via temporary total disability (TTD)
• Compensation for permanent disability, as defined by the confines of the law
• Death benefits for families of workers who lost their lives as a result of an on-the-job injury or accident
• Job placement and vocational training or retraining of workers who cannot return to their previous occupation due to their workplace injury or progressive illness or injury

Who Is Exempt From Workers’ Compensation?

While Oklahoma law states that almost every worker employed within the state is covered by the Administrative Workers’ Compensation Act, and every employer is required to carry workers’ compensation insurance on all their employees, there are still some exceptions. These exceptions are listed below to highlight workers who do not qualify for workers’ compensation benefits.

• Agricultural or horticultural workers who work for an employer that had less than $100,000 in payroll the previous year
• Federal government employees or employees covered by federal law
• Licensed realtors or brokers who earn a commission-based pay
• Medical or social services program service providers or participants in work training programs under the Department of Human Services unless federal law requires it; however, nursing home employees are covered.
• Workers whose employers have five or less employees and are dependents of or related in some degree to the employer
• Independent contractors

Some examples of Oklahoma employees who are consequently not covered under the state workers’ compensation system include domestic workers who work part-time, such as nannies, babysitters, maids, house sitters, and pet sitters. Additionally, part-time or intermittent workers employed to do specific work inside a home, such as gardeners, pool attendants, and maintenance workers, are not covered under the workers’ compensation program.

What Injuries Are Not Covered by Workers’ Compensation?

Some workplace injuries are not job-related. Injuries that Oklahoma workers’ compensation does not cover are explained below.

• Injuries that occur due to an employee using drugs or alcohol unless the employee can prove their intoxication did not cause their injury
• Injuries that occur in the parking lot or adjacent area to the employer’s place of business when the employee is going into work or leaving work before or after their shift (does not apply when an employer maintains or owns exclusive control of the property)
• Injuries that occurred due to the employee’s recreational pleasure, personal pleasure, or social activities
• Pre-existing injuries, unless employment duties aggravated the pre-existing injury to a clearly identifiable and significant degree
• Injuries that occur during a workers’ break, unless the break is authorized by the supervisor and the accident occurs in the workplace facility
• Mental injuries that are not caused by the employee’s work-related physical injury

Construction injuries are only covered if the worker is not classified as an independent contractor. The 2022 Oklahoma statute Title 59 states that professions and occupations such as roofers are non-exemptible on commercial job sites. To learn more about specific occupations and professions that are afforded special circumstances for inclusion in the workers’ compensation program, speak with an established Oklahoma City workplace accident lawyer.

Even if your injury or profession is excluded, you still may have a valid personal injury claim against your employer, the property owner, or the controlling entity of the property where you were injured. Talk to an Oklahoma City personal injury attorney to be sure.

Do I Need an Oklahoma City Workplace Accident Law Firm?

Legally, you don’t have to have a lawyer to file a workers’ compensation claim, but when you don’t have legal representation, the insurance companies know, and it’s possible for them to take advantage of you. By the time some people realize they should have had an attorney, it’s too late, and they’ve already accepted a lower settlement than they should have.

When an insurance company initially extends an award settlement amount, it’s always their lowest offer. Most claimants don’t know they can negotiate that first settlement amount. Others know but are unsuccessful in making an impact because the adjusters are experienced in keeping benefit awards low. They often pay claims under their valued amount. However, when they see that a claimant is represented by a private legal firm, they’re more likely to award fair compensation.

When insurance companies see that workers are represented by 222 Injury Lawyers, they know we won’t hesitate to take them to trial. They know we sue insurance companies just as often as they underpay and deny legitimate workers’ comp claims. Our firm is skilled in negotiating with them time and time again and in litigating in court to ensure our clients obtain what they deserve.

The insurance companies know our success rate and, therefore, typically accept our request for a maximum settlement. For them, paying the claim, even at top potential, is cheaper than paying the legal fees to fight in court. We fight tirelessly for our hardworking clients in the face of powerful insurance companies.

What Is the Workers’ Compensation Counselors Program?

You may have heard about the Counselors Program via the Workers’ Compensation Commission. This can be a helpful resource for claimants, as counselors are informed on the law and are trained to relay the laws in a straightforward and uncomplicated manner. They can answer your questions regarding the law, the rules, the process, and the policies of workers’ compensation and the system that oversees it.

This is a free system and can be useful to individuals navigating the workers’ compensation program. However, counselors cannot offer you any legal advice on your situation specifically or explain how the law applies or doesn’t apply to you. For these types of answers, you should hire an Oklahoma City workplace accident lawyer to guide you through the details of your unique circumstances and case details.

FAQs About Oklahoma City Workplace Accident Laws

What Is the Statute of Limitations for Workers’ Compensation in Oklahoma?

The statute of limitations for workers’ compensation claims in Oklahoma is two years from the date the injury took place or within two years of authorization for medical care. This means that claims after this time period will likely be invalid, and you’ll be unable to recover benefits.

How Does Workers’ Compensation Work in Oklahoma?

If an Oklahoma employee who is injured on the job is out of work for more than seven days due to their work-related injury, they are eligible for weekly payments worth 70% of their average weekly pay up to the maximum and average amounts allowed by the state.

Does Oklahoma Require Workers’ Compensation?

Oklahoma requires most employers to carry workers’ compensation insurance. If an employer is required by law to secure compensation and does not, they could be fined up to $1,000 per day. There are some employers that are exempt from carrying workers’ comp insurance, but they are rare.

How Do I File Workers Comp in Oklahoma?

To initiate a workers’ comp claim in Oklahoma, the injured worker’s employer must file a certain form entitled “Employee’s First Notice of Accidental Injury Claim for Compensation” with the Oklahoma Workers’ Compensation Court on behalf of their employee. They may alternatively file it with their insurance carrier directly.

Consult an Oklahoma City Workplace Accident Attorney

If you have been injured at work due to an accident or are suffering from a long-term progressive injury as a result of your job duties, you may be eligible for workers’ compensation. Speaking with an Oklahoma City workplace accident lawyer can help you determine if you have a worthwhile compensation claim. Call 222 Injury Lawyers and speak to a member of our legal team to learn more about your case and your legal right to compensation.