Do you have questions regarding non-work-related injuries and Workers’ Compensation? Oklahoma Workers’ Compensation laws protect employees who experience work-related injuries or illnesses. This system is a type of insurance that most employers are mandated to have in place. It can encompass a broad spectrum of situations, ranging from injuries caused by workplace machinery to illnesses resulting from exposure to hazardous substances and even mental health conditions such as PTSD.
Unlike other legal scenarios, Workers’ Compensation does not require an employee to prove fault. This means that an employee is not obligated to demonstrate that the employer was negligent in order to receive benefits. However, non-work-related injuries are not covered. The Armstrong Law Firm, PLC, in Tulsa, explains more.
Covered Injuries
Oklahoma workers covered under their employer’s Workers’ Compensation insurance may receive benefits for any compensable injury defined by law. Oklahoma State Law defines this as:
85A OK Stat § 2 (2023) 9.a.: “Compensable injury” means damage or harm to the physical structure of the body, or damage or harm to prosthetic appliances, including eyeglasses, contact lenses, or hearing aids, of which the major cause is either an accident, cumulative trauma or occupational disease arising out of the course and scope of employment. An “accident” means an event involving factors external to the employee that:
- was unintended, unanticipated, unforeseen, unplanned and unexpected,
- occurred at a specifically identifiable time and place,
- occurred by chance or from unknown causes, or
- was independent of sickness, mental incapacity, bodily infirmity or any other cause.
Some of the most common work-related injuries covered by Workers’ Compensation include:
- Slip, fall, or trip injuries
- Muscle strains
- Injured after being struck by an object
- Pinned by an object or caught between objects
- Work-related car accidents
- Injured after stepping on an object or being struck by an object
- Burns (or other heat/cold-related injuries)
- Cuts, punctures, or scrapes
More are covered. Consult with a Tulsa Workers’ Compensation Attorney to learn more.
Injuries Not Covered by Workers’ Compensation
Not all injuries on the job are covered by Workers’ Compensation. Injuries that do not occur due to employment activities are typically not covered. According to the Oklahoma Workers’ Compensation Commission’s Guide for Injured Workers, the following types of injuries are not covered:
- Injuries occurring while the employee is in a parking lot or other area adjacent to the employer’s place of business while reporting for a shift or leaving at the end of a shift are typically not covered.
- Injuries caused by the use of drugs or alcohol are not covered; a positive drug test creates a rebuttable presumption that intoxication was the cause of an accident.
- Injuries incurred while engaging in recreational or social activities for the employee’s personal pleasure are not covered.
- Injuries caused by pre-existing conditions are not covered when there has been no significant and identifiable aggravation in the course and scope of employment.
- An injury is not covered if it occurs while the employee is on a work break unless the employee’s supervisor authorizes the break and the injury occurs inside the employer’s facility.
- Mental injuries are only compensable if caused by a physical injury to the employee; this limitation does not apply to the victim of a crime of violence.
Previous Non-Work-Related Injuries
If you already have a non-work-related injury and sustain an injury at work, this adds considerable complications to your Workers’ Compensation case. This does not automatically disqualify you from receiving benefits. Your non-work-related injuries may relate to a work injury or they may not; a physician will need to make the determining decision and how it affects your compensation.
“If you have a pre-existing injury that is worsened due to work-related activities, it is considered aggravated. In order to receive Workers’ Compensation benefits, you must demonstrate that your job-related injury or accident has exacerbated your pre-existing condition or a prior injury. For an aggravation of a pre-existing condition to be found compensable, you must prove an identifiable and significant aggravation incurred in the course and scope of employment, 85A O.S. §2(9)(b)(5).”
Oklahoma Workers’ Compensation Attorney
You need the help of an Oklahoma Workers’ Compensation Attorney to help you fight for your rights to the benefits you deserve. Contact The Armstrong Law Firm, PLC, at (918) 582-2500 to request a free consultation. A Workers’ Compensation Lawyer near you in Tulsa is glad to review your case and explain how we can help.