OVERVIEW OF WORKER’S COMPENSATION IN OKLAHOMA
The first thing
you should do if you sustain a work-related injury is to notify your
employer that you have been hurt. The quicker you do this, the less likely
your employer can deny you benefits. If how long you have taken to notify
your employer becomes an issue, you should consult a lawyer who practices in
the area of worker’s compensation law. You have thirty days on most injuries
to give notice to your employer before it becomes an issue. This requirement
should not be confused with filing a claim for benefits with the Worker’s
Compensation Court. In most cases, you have two years to file a claim with
the Worker’s Compensation Court. If you do not file a claim within two
years, you will likely be barred forever from asserting your claim (See
Important Deadlines section of this website). Your employer should provide a
form that you can fill out which gives the employer notice of your injury.
At the very least, you should give your employer verbal notice by telling a
supervisor about the injury.
Your claim is
initiated by filing a Form 3 with the Worker’s Compensation Court. The Court
will then send a copy of the Form 3 to your employer. Once this is done,
your employer should adhere to certain statutes and follow the rules set
forth by the Court. If you have an attorney he can make sure that your
employer follows the rules and statutes and therefore protect your rights.
Once a Form 3 has
been filed, there are a multitude of strategies and tools that can be used
to make sure you get the help and benefits to which you are entitled. A
hearing or trial in the Worker’s Compensation Court can be requested if your
employer or its insurance company refuses to provide you benefits. Many
times, your attorney can prepare you and get you the help you need without
waiting for the Court to schedule your case for trial.
If a trial is needed, a judge will evaluate evidence, including testimony
and exhibits, and then render an order regarding your claim. This order
contains the judge’s findings and is usually sent by the court within 2-3
weeks of the trial date but can take longer. A trial may be necessary for
any part of a worker’s compensation claim. For example, it may be necessary
to have a trial in order to get your employer to pay you a weekly check
while you cannot work and are recovering (this is known as temporary total
disability) or to determine a monetary amount which would be paid to you if
you have a permanent disability. There are steps that need to be taken in
preparing your case for trial that will increase the probability that you
receive every benefit to which you are entitled so you can resume a normal
life.
This is just a brief overview of what can happen if you have an on-the-job
injury and file a worker’s compensation claim in Oklahoma. If you have any
questions about the information contained in
OKWorkersComp.com please feel
free to contact
Phillip Hawkins associated with this website.
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