Oklahoma law stipulates that employers must provide for workers who are injured or become ill as a result of working conditions on the job. Most of the time, support is provided through the state’s insurance program, although employers are allowed to opt-out of it as long as they provide equivalent private coverage. Claims made by injured workers are processed by the Oklahoma Workers’ Compensation Court (OWCC).
Read on to find out what employees need to know about the state’s compensation laws and how they are implemented.
Required Coverage
Almost all workers are legally entitled to Workers’ compensation coverage, but there are a few exceptions. Domestic employees who make less than $10,000 per year do not need to be covered, although employers are welcome to take out private insurance policies. Employers of agricultural workers who make less than $100,000 per year are also exempted from coverage requirements, as are employers whose workers are covered under federal laws. Real estate firms may also be exempted from coverage requirements for certain brokers and sales personnel.
Covered Services
The purpose of Oklahoma compensation law is to ensure that workers have access to all the services and resources they need to heal following a workplace injury or illness. These include first aid, medical, hospital, optometric, podiatric, and nursing services, surgeries, and access to required medical apparatus such as crutches.
Claim Filing Deadlines
As of February 1, 2014, workers have one year to file a claim in accordance with OWCC procedures. This is true not just of accidental injury claims, but also for cumulative trauma and death claims. Previously, the state allowed injured workers two years to file claims, so it’s important for employees to take note of this change.
Temporary Disability Benefits
The temporary total disability (TTD) offered through the compensation program begins seven days after the claim was approved. Weekly TTD benefits will be equal to 70% of the worker’s average weekly wage up to the state maximum, which is equal to the average weekly wage. Workers will continue to receive TTD benefits for as long as they are unable to perform their jobs, up to a maximum of 156 weeks.
Permanent Disability
If a job-related injury or disease causes permanent disability, workers are entitled under Oklahoma law to either permanent partial impairment (PPI) or permanent total disability (PTD) benefits. PPI benefits range from $150 per week to $323 per week and are figured at 70% of the worker’s average weekly earnings. Eligibility is determined based on the American Medical Association’s criteria. PTD benefits are also figured at 70% of the injured worker’s average weekly wages up to the legal maximum and will be paid out for either 15 years or until the injured worker receives maximum Social Security retirement benefits.
Protections for Employers
Compensation law doesn’t just protect workers by ensuring that they get the help they need following a workplace injury; it also protects employers by preventing covered workers from filing liability suits. If an employer does not have compensation coverage, the injured worker can file a claim for damages in the district court or through the OWCC, but cannot do both.
The Bottom Line
Oklahoma workers shouldn’t have to worry about whether they will be able to provide for themselves, their families, and their medical needs following a workplace injury or occupational illness. That’s why the state mandates that employers provide insurance coverage. Don’t be afraid to apply!
