An on-the-job injury can cause serious injuries. A workplace accident can also turn your life upside down. Being unable to work can be frustrating and frightening. However, the Oklahoma workers’ compensation system provides benefits to injured workers to help them as they recover from a workplace injury. Below are some important workers compensation FAQs that might answer some of your questions about workers’ comp benefits in Oklahoma.
Five Oklahoma Workers Compensation FAQs
Five Oklahoma workers compensation FAQs that workers need to know are:
1. Workers’ compensation is a no-fault system
If you were suing your employer for an injury under personal injury laws, you would need to prove negligence or wrongdoing to recover compensation for your injuries. However, injured workers are not required to prove that their employer was negligent in causing their injury to receive workers’ compensation benefits. You must prove that your injury occurred during the ordinary course of your employment to receive benefits.
2. Injured workers receive reasonable and necessary medical care, but your employer chooses the doctor
You are entitled to receive medical care for your injuries. However, your employer has the right to select the treating physician. Employees may seek emergency care, if necessary. If the employer fails to select a physician within seven days, the employee may choose a physician at the employer’s expense.
Employees may change doctors, but the process for doing so depends on whether or not the employer is covered by a certified workplace medical plan.
3. You must report your workplace injury promptly
You should report all injuries to your employer as soon as possible. Failing to report workplace injuries could result in the loss of workers comp benefits. Single injuries must be reported to the employer within 30 days, or medical treatment must be obtained within the 30 day period.
4. Income benefits do not fully compensate you for loss of income
If your injury prevents you from working, you may be entitled to temporary total disability (TDD) benefits. The benefits you receive each week are based on your average weekly wage up to a maximum amount set by law.
However, TDD benefits do not compensate you for all loss of income because of a workplace injury. Furthermore, the maximum duration of TTD benefits is 156 weeks unless the Court extends the period for a consequential injury.
5. You could have a third party claim related to a workplace injury
If another party caused your injury at work, you could be entitled to additional compensation for your damages. For instance, if a defective product caused your workplace injury, you may recover compensation for injuries by filing a product liability claim.
A third party claim could provide compensation for all loss of income. You could also receive compensation for pain and suffering damages, which workers’ compensation does not cover.
Get Help with a Workers Compensation Claim from an Experienced Tulsa Workers Comp Attorney
Workers’ comp claims can be complicated. An employer or insurance provider may deny benefits or fail to pay all benefits an employee deserves.
If you or a family member was injured on the job, we are here to help. Call (866) 944-4733 to schedule your free consultation with an experienced Tulsa workers’ compensation lawyer.