The Ins and Outs of Workers’ Comp Claims in Oklahoma
Workers’ Compensation is a legislated policy that provides workers with financial compensation in case they were to incur an injury while at work. Workers’ comp includes medical expenses, disability benefits, and lost wages. If the workers lose their lives in the accident, it is legally required that the employer pay their family with death compensation to make up for the distress and loss of an earning member.
However, for all they are worth, disputed cases are extremely common in Oklahoma. If you find yourself in a similar situation, it is critical that you get in touch with a workers’ compensation attorney at Foshee and Yaffe Attorneys at Law. Our attorneys will be able to help you take the case to court. With an experienced legal expert at your side, the odds of getting your rightful compensation are in your favor.
What to Expect in a Workers’ Comp Hearing in Oklahoma?
File a Workers’ Compensation Claim
The first step to securing workers’ comp is to file a claim for it. Since it is a no-fault system, you need to only present the employer with enough proof that the injury had taken place while you were working. It’s best to report your injuries to the employer immediately after it occurs. However, Oklahoma’s statute of limitations extends up to 2 years.
Once the claim is investigated and approved, the employer will contact their insurance, who will then pay for the medical treatment, and wage benefits for missed days. Depending on how severe the injuries are, the worker might also be entitled to vocational rehabilitation and permanent disability compensation.
Can the Employer Deny Your Claim?
Sadly, it is possible for the employer to deny your claim. According to the Oklahoma state laws, workers’ comp is void if the injury occurred in the following circumstances -
Injury happened outside the regular course of your job
Worker was under the influence of alcohol or drugs at the time of the accident
Injury was caused intentionally to obtain compensation
Employee refuses to abide by the treatment plan suggested by the doctor
Worker is an independent contractor
Some employers try to evade their responsibilities and deny a valid claim simply because they wish to avoid paying out.
What to Do If Your Claim is Denied?
Any employee who has had their workers’ compensation claim denied has the legal right to adjure the decision and opt for a court hearing. Denial hearings are requested and filed at Oklahoma Workers’ Compensation Commission.
Both parties are eligible to request a pre-hearing conference. These conferences are not trials but rather informal meetings attended by the employer, employee, their attorneys, and the judge. During this meeting, the issues under appeal are discussed, along with the possibility of a settlement in place of a full-length court hearing.
A Workers’ Comp Hearing
The matter proceeds to a formal hearing or non-jury trial if either party fails to reach an adequate settlement. Both parties present their evidence and testimonies to the court. The injured worker has the burden-of-proof. Meaning your side will be tasked with proving that the injury you incurred was indeed caused by performing work-related duties, and it is covered by Oklahoma state’s workers’ comp policies.
Call our law firm, Foshee and Yaffee Attorneys at Law, at (405) 378-3033 to learn more.
**Disclaimer: This content is not to be construed as legal advice nor does it establish terms of a client-attorney relationship.