Oklahoma Workers Compensation Laws

Oklahoma Workers Compensation Laws

Oklahoma Workers Compensation Laws

The Commissioner of Labor was given the authority from Oklahoma Legislature in early 1900's to enforce mandatory laws in Oklahoma regarding workers compensation. The Commissioner of Labor also received the authority to enforce and authorize the charge of civil penalties in fines up to $10,000 as well as the power to file charges of criminal intent with the District Attorney's office. These laws put into place are noted within the Oklahoma Statutes, specifically Title 85. The Oklahoma Workers' Compensation Laws have been enacted to indicate the specific rights and responsibilities of both the employer as well as the employee in regards to workplace injuries.

The Workers' Compensation Act does not apply to all employers, please see Oklahoma Statutes 2.1 - 2.7,11, but for those employers in which the Act does apply the employer must comply with the law otherwise will be cited. There are also employees that may be excluded from the Law, please refer to Oklahoma Statutes beginning with 2.1.

For employers in which the Law does apply, the employers can obtain workers' compensation insurance from either CompSource or an approved self-insured group association. Employers should not deduct worker's compensation premiums from employee's wages and employees should not pay any of the employer's workers' compensation premiums or waive their rights to workers' compensation insurance.

The Law implements standards to assist with payment of medical costs for work related injuries of the employee if injured while actively working for their employer and the employee is unable to return to work. Compensation, upon final determination, can be for temporary or permanent disability. The Law also assists the employer as it gives protection from possible financial liabilities if the employer is sued by the employee.

If an injury occurs, it is the employee's responsibility 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 can be denied. The employer is also responsible at the time of an injury as they must provide appropriate medical care and/or other necessary services that the employee requires. The employer must also file a workers' compensation claim and if the employee receives medical attention away from work, the employer must file a Form 2, Employer's First Notice of Injury, with the Worker's Compensation Court as well as the employer's provider of insurance within ten days of the date they received notice of the employee's injury.

The Oklahoma Workers' Compensation Laws have been initiated to protect both the employer as well as the employee. If fraud is suspected, please contact the Workers' Compensation Fraud Unit at the Oklahoma Attorney General's office. If legal council is needed, contact a law office specializing with Oklahoma Workers' Compensation Laws.

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