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Workers' Compensation

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After an injury at work, it’s normal to feel overwhelmed. You may wonder how you’ll pay your bills, support your family, or even recover fully. You’ll want to explore all the financial resources available to you, especially workers’ compensation, which can be an important source of funds during a stressful time. An Oklahoma City or Tulsa workers’ compensation lawyer can answer your questions and help you get the compensation you deserve, but first, learn more about how it works and what to do now.

What Is Workers’ Compensation and How Does It Work?

Workers’ compensation is a type of insurance that provides benefits to employees who are injured on the job or develop work-related illnesses. In Oklahoma, most employers are required to carry this insurance. If you’re hurt at work, workers’ comp can cover medical treatment and part of your lost wages, regardless of who caused the accident.

Whether you’re looking for a workers’ compensation attorney in Tulsa, Oklahoma or another city, this insurance is governed by state law, so it won’t change. You must notify your employer within 30 days of an accident or 90 days of a diagnosed illness or repetitive injury, although we recommend doing it as soon as possible. There’s also a one-year deadline to file your workers’ comp claim for an accident, or two years from the date of last exposure for an illness or repetitive injury.

What Does Workers’ Comp Pay for in Oklahoma?

Workers’ compensation settlements in Oklahoma can cover several expenses related to your injury. Your attorney will have experience calculating these expenses, which include:

  • Medical Care: This includes doctor visits, surgeries, medications, and physical therapy. To make sure these benefits are calculated accurately, keep detailed records of all of your medical treatments and expenses.
  • Lost Wages: If your injury prevents you from working, you could receive a portion of your average weekly wage. Temporary Total Disability (TTD) benefits are calculated at 70% of your average weekly wage, up to a state maximum.
  • Disability Benefits: If your injury leads to permanent impairment, you may receive Permanent Partial Disability (PPD) or Permanent Total Disability (PTD) benefits. PTD benefits are typically 70% of your average weekly wage, up to the maximum allowable amount. PPD benefits are calculated based on your overall level of permanent physical impairment (known as an impairment rating) and other information. Workers compensation attorneys in Oklahoma will know how to help you determine an impairment rating so you get fair compensation.
  • Vocational Rehabilitation: If you cannot return to your previous job, workers’ comp may cover training for a new position. An attorney can help you prove that you need this type of compensation.

It's also important to note that workers’ comp does not cover pain and suffering. This type of compensation is only available through a personal injury lawsuit. If another party’s negligence caused your injury, you might have both a workers’ comp claim and a personal injury claim.

How Do I File for Workers’ Comp in Oklahoma?

The Oklahoma Workers’ Compensation Commission oversees claims in the state. Filing a claim involves several steps:

  • Report Your Injury: Notify your employer about the injury as soon as possible. Provide written notice so that the incident is documented.
  • Seek Medical Attention: Your employer may direct you to a specific medical provider. If they don’t provide treatment within seven days, you can choose your own doctor at the employer’s expense.
  • File a Claim: Complete the “Employee's First Notice of Accidental Injury and Claim for Compensation” form and submit it to the Oklahoma Workers’ Compensation Commission. Your attorney can help you fill out this form.
  • Document Everything: Keep detailed records of medical treatments, expenses, and communications with your employer and their insurance carrier.
  • Follow Through: Attend all medical appointments and be sure to carefully comply with all treatment plans. Stay in contact with your employer and your attorney throughout the process.

Do I Need a Workers’ Compensation Attorney in Oklahoma?

Navigating a workers’ comp claim can be complex. Workers’ comp lawyers in Oklahoma can provide valuable assistance like:

  • Accurate Claim Valuation: Attorneys can assess the full value of your claim, considering long-term effects like hearing loss or mobility issues.
  • Dealing With Subrogation: If you've received benefits from other sources, an attorney can handle repayment obligations to protect your settlement.
  • Ensuring Fair Treatment: Insurance companies may attempt to minimize payouts. A lawyer advocates for your rights, ensuring you receive the benefits you deserve.
  • Exploring Additional Claims: If a third party's negligence contributed to your injury, an attorney can determine if you have grounds for a personal injury lawsuit.
  • Navigating Legal Procedures: An attorney can guide you through hearings, appeals, and other legal processes, ensuring all paperwork is filed correctly and deadlines are met.

How Much Do Workers’ Comp Lawyers in Oklahoma Charge?

Fees can vary by factors like the complexity of your claim and your region—a workers’ comp attorney in Oklahoma City might charge differently than one in Tulsa. Most attorneys in Oklahoma charge fees between 10% and 20% of your workers’ comp award.

Keep in mind that most attorneys also work on a contingency fee basis, which means you don’t pay anything upfront. Your attorney only gets paid if you receive compensation, and their fee comes out of your workers’ comp award. That can help you get legal assistance when you need it, without worrying about the cost.

Get Help With Your Workers’ Compensation Claim

If you’re feeling stressed or unsure about your next steps after a work injury, you’re not alone. Oklahoma City and Tulsa workers’ comp attorneys can guide you through the process, fight for the benefits you need, and help you explore other legal options if someone else’s negligence caused your injury.

At Oklahoma Injury Guy, we’re here to help. Schedule a free case evaluation today to discuss your situation and learn how we can help you move forward with confidence.