Oklahoma Workers' Compensation Laws
The labor commissioner received the power of the Oklahoma Legislature in early 1900 to enforce laws relating to mandatory Oklahoma workers' compensation. The Commissioner of Labour has also been empowered to enforce and to authorize the charge of civil penalties to fines up to $ 10 000 and the power to file criminal charges of intent with the prosecutor's office District. These laws put in place are found in the statutes of Oklahoma, specifically Title 85. Oklahoma workers' compensation laws were adopted to indicate the specific rights and responsibilities of the employer and the employee in respect of accidents.
The Workers' Compensation Act does not apply to all employers, please see Laws Oklahoma 2.1 – 2.7,11, but for employers with the Act applies, the employer must comply with the law which will be mentioned. There are also employees who may be excluded by law, please refer to the statutes of Oklahoma starting with 2.1.
For employers whose law does not apply, employers can obtain a compensation insurance or workers CompSource or association approved group self-insurance. Employers should not deduct compensation premiums Workers on wages of employees and the employees should not pay any of the employer's workers' compensation premiums or forego their rights to self insurance against accidents.
The Act implements standards to help pay medical expenses for work related injuries employee for injury while actively working for their employer and the employee is unable to return to work. Compensation, after final determination, may be temporary or permanent disability. The law also facilitates the employer because it offers protection against potential financial liabilities if the employer is sued by the employee.
If an injury occurs, it is the responsibility of the employee to immediately inform their employer of the injury and the circumstances that caused the injury. If the employer does not receive oral or written notice within 30 days of the injury, the employee's claim may be denied. The employer is also liable when an injury because they have provide appropriate medical care and / or other necessary services that the employee requires. The employer must also file an application workers' compensation and the employee receives medical care outside the workplace, the employer must file a Form 2, the employer First Notice of Injury with the Workers' Compensation Court and provider of employer insurance within ten days of the date they received a notice of an employee's injury.
Oklahoma Law Workers' Compensation have been launched to protect the both employer and employee. If you suspect fraud, please contact the Workers' Compensation Fraud Unit Oklahoma Attorney General office. If legal advice is needed, contact a law firm specializing with the Oklahoma Workers' Compensation laws.
About the Author
The Whitten Law Firm provides individualized legal services, by an attorney for each client, in all venues of the Oklahoma Workers’ Compensation Court as well as appeals at all levels which include the Oklahoma Court of Civil Appeals and the Oklahoma Supreme Court. In addition, the Whitten Law Firm offers assistance with obtaining settlement approvals by the Centers for Medicare and Medicaid Services. Visit their website at http://whittenlaw.com to find out more.
Columbia Worker’s Compensation Law – Mike Kelly Law Group
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