What is Workers Compensation and how can if affect you?  Well, workers comp is a form of insurance that a company must carry for workers who are injured while on the job or at work.  In fact, Oklahoma requires that employers carry Workers Compensation insurance.  As a result, any employee suffering injuries will be eligible for potential medical treatment and wage compensation during the recovery process.  This blog post summarizes the requirements for a person to be eligible for workman’s comp and what the benefits are for the injured worker.

Claiming Workers Compensation

Oklahoma requires an employee to fulfill three requirements in order to qualify for Workers Compensation. These are under Title 85A and include:

1. Your employer carries a Workers’ Comp insurance plan.
2. You are an employee. This is important because independent contractors are ineligible for claims.
3. Your injury or illness is related to work or work duties.

If you do not meet these requirements you cannot file for workman’s comp.  However, you do have other options.  You may sue the employer directly.  This is mostly for when an employer fails to carry the proper insurance under law.

Workers Compensation Benefits

The benefits an Oklahoma employee may receive are dependent upon the category that they fall under.  However, the most common benefits are one or more of the following, but not all:

1. Employer pays medical expenses regarding the injury.
2. Temporary or Permanent Disability Benefits such as wages are possible.
3. Costs of retraining you for a different, yet comparable position if you are unable to return to your normal work after the recovery period is complete.
4. Death benefits to your family for a period of 6 months if you die in the course of your employment.

ARE BURN INJURIES COVERED BY WORKERS COMP?  SEE OUR BLOG ARTICLE FOR MORE INFORMATION.

Workers Compensation Filing & Employer Retaliation

An employer may not retaliate against you for filing a workers compensation claim.  Again, under Title 85A §7(A), an employer may not retaliate against you for filing a claim.  So if you retain counsel, file a claim, testify regarding a claim, etc. and your employer discriminates against you, you may file suit.  As a result, you may be eligible for damages up to $100,00 of back, court costs, and attorneys fees for the retaliation.

If you are facing trouble with a Workers Compensation claim and need help protecting yourself against employer retaliation, you should hire an attorney.  Our Claremore Attorneys offer a free consultation to new clients.