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Features of Workers’ Compensation in Tulsa, Oklahoma
Workers’ compensation in Tulsa is very direct. Oklahoma workers’ compensation operates under the no-fault law. This means no matter who is found to be at fault for the accident, benefits for those affected will be paid through workers’ compensation. Receiving the proper health care is crucial. Doing so in a timely manner is also important. First, the sooner you receive treatment the less an employer can say about the injury not being work related. Most importantly, properly recovering from any injuries sustained will decrease the amount of time lost at work.
There is an entire list of industries which do not qualify for workers’ compensation benefits. These include: 1) drive-away owner operators; 2) real estate brokers, paid in commission; 3) agriculture workers; 4) horticultural workers; 5) maids, nannies, and other domestic workers such as gardeners/ maintenance, making under 10k annually; 6) taxi drivers; 7) business owners; 8) sole proprietors; 9) partners; 10) volunteers; 11) independent contractors; 12) anyone party to a franchise agreement; 13) anyone employed by a tax-exempt sports league; 14) stockholders; 15) federal employees, including postal workers, are covered by the Federal Employee’s Compensation Act (FECA).
If you are not employed in an above listed industry there are strict rules and timelines in order to receive benefits. Any injury, including occupational diseases must be reported within thirty days. Although it is recommended to report your injury to your employer or supervisor as soon as possible. Your employer is required by law to file out a CC-Form-2 (also known as the Employer’s First Notice of Injury Form). If immediate emergency medical treatment is necessary, you may choose a medical provider. However, if your injury is a non-emergency, the employer is allowed to pick the provider. If a medical provider has not issued your treatment within seven days of the injury, you’re entitled, under Oklahoma law, to choose your own provider. Make sure to document all facts related to your injury during your initial doctor’s visit.
Workers’ compensation benefits cover:
- Any injury or illness that occurred on the job;
- Any injury sustained while performing work duties or errands;
- Surgery;
- Traumatic injuries;
- Optometric;
- Occupational diseases;
- Podiatric;
- Payments for wages lost as a result of a work-related injury or illness;
- Replacement for lost wages through Temporary Total Disability (TTD);
- Compensation for permanent disabilities within the guidelines of the law;
- Death benefits for the families of workers who have been fatally injured as a result of a work-related injury.
Medical treatments covered include: hospital bills, prescriptions, prosthetics, doctor visits, mileage occurred receiving treatment.
After receiving your disability award, you will be issued payments. Please note, only seventy percent of your original weekly wages can legally be paid out to you in benefits. The state of Oklahoma caps the limited weekly amount able to be received is $323.00. You will receive your temporary benefits until a doctor declares you condition can’t improve through anymore treatment or time.
Permanent total benefits are paid for a job-related injury or disease that results in permanent and total disability. These benefits are paid for a period of fifteen years or until the employee reaches the age of maximum social security retirement benefits, whichever is longer. If the employee suffered death a surviving spouse, and each child, is entitled to a lump sum benefit payment. They may receive weekly benefits and funeral costs. If the spouse remarries a lump sum equal to two years compensation is paid, and then benefits stop. Rules vary for dependent children. A child can receive benefits until age 18. However, if the child is a full-time student enrolled in an accredited educational institution or is home schooling they qualify for benefits until age 23. Also, any dependent who is mentally or physically unable to be self-supporting also may be entitled to benefits after age 18.
Using the Tulsa Attorney Directory to enlist the advocacy of a skilled and experienced workman’s compensation attorney will significantly increase your odds of settling your claim in a timely manner. Attempting to navigate this process without the help of a legal professional may result in the quality of life being reduced being for you and your loved ones.
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