You may have been injured in a Fall at work in Oklahoma. You face medical bills, lost time on the job and lost pay. You probably would like to know what Oklahoma workers’ compensation can do for you.

Oklahoma workers’ compensation is a form of insurance that can help you when you have been injured in a fall at work in Oklahoma. Workers’ compensation will pay for your medical bills, a portion of the pay that you lose and permanent disability if that results from your injuries at work in Oklahoma. The benefit that your employer gets is that you are not allowed to sue him for your injuries that happen at work.

One thing that you may or may not know is that every employer in Oklahoma who is subject to the statutes of the Workers’ Compensation Act must have workers’ compensation insurance. This includes most of the employers in Oklahoma.

Oklahoma state law has an affidavit of exempt status for people who are independent contractors. They are not covered under workers’ compensation.

Another important thing that you need to know is that, with very few exceptions, it does not matter who was at fault when you were injured in a fall at work in Oklahoma. Workers’ compensation benefits in Oklahoma are provided regardless of whether it was you or your employer that was at fault for your accident at work.

Again, your employer has immunity from any court action being taken against him. Your employer also benefits due to the fact that there are limits to the amount of money that you can receive under the Oklahoma Workers’ Compensation Act.

The Oklahoma Department of Labor is the state agency that is responsible for enforcing the Oklahoma state law requirement that employers must provide you with workers’ compensation insurance. The Oklahoma Insurance Department has the responsibility of regulating the adjusters, producers and insurance companies that are licensed to sell and adjust claims that have to do with workers’ compensation.

When you are injured in a fall at work in Oklahoma, you should immediately let your employer know about the accident. Your employer should then see that you get all the necessary and reasonable treatment that you need.

Your employer should then file a workers’ compensation claim and send you to a doctor who is authorized to treat you under the provisions of the Oklahoma Workers’ Compensation Act. If the workers’ compensation doctor determines that you need to see a specialist for your injuries, he or she will refer you to a workers’ compensation specialist.

If your employer has denied you workers’ compensation benefits or tries to tell you that you are not eligible to receive these benefits, you need to contact the attorneys at www.usworkerscomp.com. If you believe that you are not being treated the way that you ought to in regard to receiving workers’ compensation benefits in Oklahoma, contact the attorneys at www.usworkerscomp.com. The attorneys at www.usworkerscomp.com  know about the provisions of the Oklahoma Workers’ Compensation Act. The attorneys at www.usworkerscomp.com will be on your side and fight to get you all of the workers’ compensation benefits that you are entitled to.

Related articles

• How do I change doctors in an Oklahoma workers’ compensation case? (usworkerscomp.com)
• Workers compensation for an injury from falling machinery (usworkerscomp.com)
• Injured from a fall at work, can I get workers’ compensation benefits? (usworkerscomp.com)

Oklahoma governor outmaneuvers Senate; North Carolina measure advances

We most recently updated our coverage of the Illinois’ workers’ comp hullabaloo in this post.

‘Blow up bill” still in play despite progress toward compromise

Since then, there’s been progress, of sorts; from a May 26 piece at PressMentor.com:

After months of negotiations, breakdowns and false starts, state business groups and legislators have a tentative agreement to reform Illinois’ workers’ compensation system, though the lead House negotiator says there is still work to be done.

“We have two options: We have this compromise agreement that is moving closer to having something that we can move forward with, and we have the blow-up bill,” Rep. John Bradley, D-Marion, said Thursday.

“Those are both viable options, and we intend to pass one of those two before the end of session,” he said. (The “blow-up bill” is Bradley’s alternative proposal to abolish the entire workers’ comp system in Illinois, leaving decisions on individual workplace injuries up to the courts.)

Supporters say measure could save $500 million

A May 27 account in the Chicago Tribune adds, “Illinois businesses would save about $500 million but give up on their biggest demand under a worker’s compensation overhaul that key lawmakers called a tentative deal Thursday.

“The plan includes a 30 percent reduction in the rates businesses pay to physicians, uses nationally recognized standards for determining an injury’s severity and creates a medical network for handling workplace injuries.

Idea dropped to “prove” injuries are work-related

“It would not require employees to prove injuries are directly related to their jobs, a demand businesses had made through months of negotiations.”

Legislators describe the status as a “delicate balance” and emphasize that nothing is final, yet. However, it seems as though Bradley’s House Speaker Michael Madigan’s support of the so-called “nuclear option” has spurred serious compromise, which is much needed in the state with the costliest workers’ comp premiums in the nation.

Governor’s vetoes delayed until too late for Legislature to reconvene

In Oklahoma, according to a May 27 Tulsa World report, the governor has pulled an end-around concerning a contentious workers’ comp bill:

Gov. Mary Fallin vetoed five bills Thursday, thwarting a possible override on a contentious workers compensation “trailer bill” by withholding action until it was too late for the Legislature to reconvene before Friday’s constitutional deadline to adjourn.

Fallin signed 38 bills.

The workers comp measure, Senate Bill 761, would have changed the payment schedule agreed to in an earlier bill in a way that would have generally favored physicians who provide medical equipment such as crutches and wheelchairs and implants such as artificial joints.

Legislators didn’t make it easy for governor

As reported May 28 in The Oklahoman:

Thursday was the last day for Fallin to act on bills passed this session. Legislators ended their business last week, but didn’t adjourn. The session will end officially at 5 p.m. Friday.

Legislators finishing their business last week made it more difficult for the governor to silently veto legislation.

Because the session isn’t adjourned officially until Friday, Fallin accomplished the rare feat of getting her work done before lawmakers. She had no choice.

When legislators are in session, Fallin has five days to sign a bill. If she doesn’t sign it, the measure becomes law. She has 15 days to sign a bill when lawmakers are out of session. If she doesn’t sign it, the bill does not become a law; that action is often called a pocket veto.

North Carolina proposal clears House

We have updates on the proposed changes in North Carolina, too. From a May 27 piece at Forbes.com, “An agreement on changes to rules governing North Carolina workers’ compensation claims cleared a House committee on Thursday.

“The panel voted to recommend a bill its chief sponsor said followed weeks of negotiations with groups representing employers, employees and the state. Rep. Dale Folwell of Winston-Salem says the agreement will protect workers, compensate the injured and encourage people to return to work.

Total disability payments capped

“The bill caps temporary payments for a totally disabled worker at nearly 10 years. The current law has no cap, which Folwell said places North Carolina at a competitive disadvantage. The bill also raises the maximum time for wage benefits for the partially disabled and for death benefits.”

‘Advocates’ say important rights preserved

ProtectingInjuredWorkers.com has some background info:

Attorney Gina Cammarano, who is a North Carolina State Bar Board Certified Workers’ Compensation Specialist, as well as a former Special Deputy Commissioner at the North Carolina Industrial Commission, said, “The NC Chamber fought hard and won major concessions, and yet the common ground preserved in the consensus bill allows North Carolinians to retain a fair workers’ compensation system.” Cammarano and Hank Patterson, representing the AFL-CIO, spearheaded extensive negotiations on behalf of the North Carolina Advocates for Justice and its members who represent injured workers from across North Carolina. Throughout negotiations, NCAJ supported changes to the existing law that:

• Incentivize people to return to suitable employment;
• Protect the most seriously injured workers at a cost reasonable for business; and
• Retain a fair approach toward injured workers and employers.

Dick Taylor, of NCAJ, said, “Many may feel that the bill does not go far enough to reduce costs and others will feel the provisions fall short of protecting the interests of injured workers, but in times such as these all sides made compromises, and overall we feel the changes preserve the backbone of our Workers’ compensation system that pays fair compensation to injured workers at a reasonable cost to the employers.”

We can help you find an attorney

Frequently enough, a worker’s compensation case may be so complex as to demand legal representation. However, sometimes what seems like a cut-and-dried situation to an injured worker may result in a smaller award than envisioned–or even a denial. Have you, a friend or a loved one been injured on the job? Whether you’re merely seeking answers about your rights or believe a lawsuit may be necessary, be sure to seek counsel with attorneys trained and experienced in workers’ compensation. Here’s some resources:

Workers compensation basics

Injury on the job

Oklahoma workers compensation can provide employees who suffer an injury at work with fixed monetary benefits and medical care without having to file a personal injury claim against their employer. Employers provide benefits without the employee proving the employer’s negligence contributed to the work injury, and employees accept less than they may have won with a personal injury claim.

Workers comp insurance does not pay for work injuries which are the result of intoxication, reckless actions or intentional actions which are meant to injure themselves or other employees. Most Oklahoma employers are required to pay for all other work injuries or occupational illnesses which occur while an employee is engaged in their normal job duties. Common injuries which may be covered include:

• Back and neck injuries
• Abrasions and burns
• Amputations of arms or legs
• Concussions
• Heart attack or strokes on the job
• Carpel Tunnel
• Diseases caused by inhalation of chemicals or other toxins

Oklahoma Workers Compensation Benefits

Work comp insurance was created to help the employee have easy access to medical benefits, temporary disability benefits, permanent disability benefits, vocational rehabilitation and death benefits. The following benefits are described below:

• Medical Benefits – Work comp insurance provides necessary and reasonable medical care for Oklahoma workers who are injured on the job. All medical costs are paid including: laboratory services, surgery, medications, hospital visits and physical therapy.  There is no cost or time limits for medical care.
• Temporary Total Disability – Oklahoma workers who are temporarily totally disabled and are unable to work, but will at some point return to work at full capacity, are eligible to receive 70% of their weekly wage (with a limit of $473 per week) for a maximum of 156 weeks. Benefits may be extended for additional weeks with authorization from the Oklahoma’s Workers’ Compensation Court. The first three days of incapacity are not paid.
• Permanent Partial Disability – Oklahoma workers who suffer a permanent partial injury must be evaluated to determine the extent of the injury and the amount of compensation they can receive. Work injury compensation is 70% of the employee’s average weekly wage, but the duration of the payment is determined by a set schedule. For example: A loss of a thumb entitles a worker to 66 weeks of disability payments.
• Permanent Total Disability – Oklahoma workers who suffer an injury at work and are unable to return to any type of employment may qualify for permanent total disability payments. Work injury compensation for a total disability is 70% of the AWW for the duration of the disability.
• Vocational Rehabilitation – Oklahoma employees who sustain an injury at work and need help to return to their job or to find new employment may be eligible for vocational rehabilitation.
• Death Benefits – Oklahoma spouses of a deceased worker may be eligible for lost wage compensation of 70% of the deceased worker’s average weekly wage and an additional 15% for each child up to 30% which is the maximum established by workers compensation law. Benefits may change if the spouse remarries. Funeral expenses are paid up to $10,000. Variations and requirements for death benefits can be complicated and should be evaluated by a work injury lawyer.

Do I Need an Oklahoma Worker’s Compensation Attorney?

Thousands of Oklahoma workers file workers compensation claims each year and depending on the work injury, the statutes and laws can be complicated. Work injury lawyers may be a good resource to help the employee file their work compensation claim and get the benefits they deserve. Oklahoma worker’s compensation lawyers can also help the injured worker if they have become the victim of workplace discrimination or harassment.

Hard times are causing states to rethink approaches for funding various workers’ comp funds, and in California, a superior court judge “has ruled that Gov. Arnold Schwarzenegger illegally furloughed 7,400 employees of the State Compensation Insurance Fund this year,” according to a post at the Insurance & Financial Advisor Web site.

“Superior Court Judge Charlotte Woolard affirmed a prior ruling against the state involving the employees for the “State Fund,” which sells workers’ compensation insurance to employers and uses the proceeds to operate, according to the San Francisco Chronicle. The State Fund relies on no funding from the state treasury.”

The IFA post said the ruling would provide “back pay plus interest for the days they missed work,” but a more recent Chronicle story reports the issue is undecided. Explaining that “[t]he ruling came in a case filed by the Service Employees International Union Local 1000, which represents 6,260 fund employees,” the article also says,  “It’s unclear whether employees will be able to collect back pay for the days they were furloughed. The state fund and the SEIU believe the order entitles them to it.

“But, said a spokesman for the governor’s office, ‘The judge did not rule on the issue of back pay. She was silent on the issue.’ ”

A legislative task in Oklahoma recently heard testimony from Nevada officials that changing from a state-operated to a privately operated system has improved rates for businesses in Nevade, according to a CNBC post dated Sept. 2.

“Nevada’s workers’ compensation insurance rates have dropped since that state privatized the agency providing such insurance, Nevada executives told an Oklahoma legislative task force Wednesday.

“The task force is considering privatizing Oklahoma’s workers’ compensation agency, CompSource Oklahoma.”

The change in Nevade came a decade ago, “when it transformed the agency from a monopoly to a mutual insurance agency owned by its policyholders, said Douglas Dirks, president and chief executive of Employers Holdings, Inc.

” ‘Rates have gone down fairly consistently since the market was opened,’ Dirks said.”

Reports from Colorado include descriptions of  a “parade of angry workers [who were] hurt on the job” and subsequently testified in a recent probe of the state-chartered, tax exempt, quasi-governmental agency Pinnacol by a special committee of legislators and citizens.

According to a “Politics West” spot in The Denver Post on Sept. 1, injured workers questioned not only a surplus of coverage denials but also surplus cash reserves, too much spying on claimants and an out-of-touch perks package for agency compensation packages.

“Mike Byrd, hurt in a work-related car accident in 2004, told a special panel created by the legislature about Pinnacol denying treatments and trying to send a company nurse with him to every one of his doctor’s appointments as a ‘spy.’

“Like others, Byrd questioned how Pinnacol, a quasi-governmental agency that was struggling to remain solvent a decade ago, could grow so profitable that it has amassed a $700 million surplus.”

Also on Sept. 1,  the Durango Herald reported: “A former Durango firefighter testified Monday that the state’s workers’ compensation company spied on him and trashed his reputation in the community in an attempt to deny his claim for an injured back.”

Stahl said he was injured twice and Pinnacol paid for the first claim but refused the second. “He finally sold his house to pay for surgery out of his own pocket. Surgery has helped, but he had to retire from the fire department. He became a nurse and now is studying case management for injured workers.”

Both accounts report a few injured workers testified that their cases were handled well by Pinnacol, but the Herald piece ends thusly:

“Stahl said it was inexcusable for the state’s dominant workers’ compensation insurer to spend $143,930 for a luxury suite at Invesco Field, home of the Denver Broncos; a $133,000 trip to the Four Seasons Resort in Scottsdale, Ariz.; and a $2,515 dinner, which included two plates of $144 lobster and three bottles of $115 wine, while workers suffer.

“Pinnacol has defended the expenses as good for morale.”

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Have you been injured on the job?

Here’s what to do first.