Oklahoma Workers’ Compensation Lawyers Answer Your Questions

May 24, 2014
by Adler Markoff & Associates

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    Oklahoma Workers’ Compensation Lawyers Answer Your Questions

    If you’ve been injured on the job, or you’ve developed an occupational illness, you will need to file a workers’ compensation claim. Benefits under your employer’s worker’s compensation insurance can provide you with wage compensation, medical expenses compensation and more. The workers’ comp program and process of filing for benefits can be complicated at times, so our Oklahoma workers’ compensation lawyers are here to answer your questions. Below are some of the most common questions we receive about work injuries and insurance coverage.

    Is my employer required to carry workers’ compensation insurance?

    In most cases, yes. Oklahoma requires that all employers provide their employees with workers’ compensation coverage with few exceptions. Some of those exceptions include:

    Employers of domestic workers (housekeeping, home care, etc.) whose annual payroll does not exceed $10k.

    Employers of agricultural employees whose total payroll does not exceed $100k annually.

    Some federal employees and some real estate/broker employees do not qualify for workers’ compensation coverage.

    For a complete list of exemptions, you can view the Oklahoma Statutes Title 85 § 311-312 or speak directly with an attorney from our firm.

    If I’m injured on the job, what kind of coverage am I entitled to?

    Workers’ compensation benefits in Oklahoma are designed to provide “reasonable and necessary medical treatment resulting from an on-the-job injury” according to the Oklahoma Workers’ Compensation Department.

    How are workers’ compensation benefits different from disability benefits?

    Workers’ compensation insurance is a program designed to provide temporary compensation for those who have been injured on the job and whose injuries are considered short-term. In other words, workers’ compensation is for those employees who are expected to recover from their injuries within a few weeks- sometimes months. Social Security disability (SSD) benefits provide compensation to those who have worked long enough (and paid into the system) to receive payment because a disability has rendered them unable to work to earn an income.

    Are there certain types of injuries not covered by workers’ comp?
    § 312 of the Oklahoma Statutes (the workers’ compensation code) details injuries that are excluded from coverage. This section lists six categories of injuries:

    Intentional self-inflicted injuries

    Self-inflicted injuries caused by the employee’s own negligence

    Injuries caused by an employee’s use of illegal/dangerous drugs or alcohol

    Injuries caused by “horseplay” or pranks, unless the injured employee was not a willful participant

    Injuries sustained while the employee was not performing job duties, on the lock, or employed

    Injuries sustained while the employee was not on the job (ex: before they clocked in)

    Still have questions about workers’ compensation coverage in Oklahoma? Feel free to contact an attorney at our firm! Atkins &
    Markoff is here to answer your questions and help you get the coverage you deserve after an on-the-job injury.

    Request a free consultation

    (405) 607-8757