In the realm of workplace safety and employee rights, Workers’ Compensation serves as a critical safety net for employees who experience injuries or illnesses due to their job. Despite its importance, numerous Workers’ Compensation myths continue to circulate, leading to misunderstanding and sometimes even unfair treatment of injured employees.
As we move into 2025, The Armstrong Law Firm, PLC, seeks to dispel these myths so that workers can better understand their rights and protections under the law.
Myth 1: Workers’ Compensation is Only for Physical Injuries
One of the most persistent myths is that Workers’ Compensation only covers physical injuries. According to 85A OK Stat § 13 (2024), Oklahoma Workers’ Compensation also covers psychological conditions, including stress, anxiety, and depression, if they can be linked to job-related physical injuries. This means employees who suffer from work-induced psychological issues relating to an injury suffered on the job can receive the support they need.
Myth 2: Filing a Workers’ Compensation Claim Will Get You Fired
Many employees fear that filing a claim will result in retaliation or termination. This is a misconception. Under Oklahoma law (85A OK Stat § 85A-7 Discrimination or Retaliation), employers are forbidden from retaliating against workers for filing Workers’ Compensation claims. Employers are required to maintain a safe working environment and cannot penalize employees for seeking the benefits to which they are entitled after an injury. It’s important for workers to understand their rights and to report any fears of retaliation to the Oklahoma Workers’ Compensation Commission.
Myth 3: You Can Only Receive Benefits if You Miss Work
Another myth is that employees will only receive benefits if they are unable to work for an extended period. In fact, Workers’ Compensation can provide benefits for a range of scenarios, including immediate medical expenses, rehabilitation costs, and even partial wage replacement if an employee cannot perform their full job duties. Benefits may also be available for workers who incur medical expenses related to job-related injuries, regardless of their ability to work.
Myth 4: All Workers’ Compensation Claims are Processed the Same Way
Not all claims are alike. Different industries and specific employer policies can lead to a variety of processes and outcomes when it comes to Workers’ Compensation claims. Factors such as the employee’s role, the nature of the injury, any third parties involved, and changing state laws can all influence how a claim is evaluated and approved. Workers should familiarize themselves with Oklahoma’s Workers’ Compensation laws and procedures to know their rights and better navigate the claims process.
Myth 5: Workers’ Compensation is Only for Large Corporations
Many people believe that Workers’ Compensation is a benefit that only larger companies are required to provide. In reality, Oklahoma mandates that most employers carry Workers’ Compensation insurance. This includes small businesses and independent contractors in many cases. Therefore, no matter where you work, it’s crucial to inquire about your employer’s Workers’ Compensation policy to understand your rights.
Myth 6: You Cannot Sue Your Employer After Filing a Workers’ Compensation Claim
While it is true that Workers’ Compensation is typically the exclusive remedy for workplace injuries, there are exceptions. Employees may still file a lawsuit against their employer if the injury was due to intentional misconduct or gross negligence. For example, if an employer deliberately creates hazardous work conditions, employees may have grounds for a lawsuit in addition to their Workers’ Compensation claim. It is crucial to consult with a legal professional to understand the specifics of your situation.
Myth 7: Work-from-Home Injuries Are Not Covered by Workers’ Compensation
Oklahoma Workers’ Compensation law covers work-at-home injuries if the employee was performing “employment services” when they sustained the injury. The Oklahoma Supreme Court ruled in Brown v. Claims Management Resources, Inc. that a worker leaving the job premises and falling down the stairs was not entitled to Workers’ Compensation benefits because they had clocked out, but later reversed its ruling and allowed benefits. It also ruled that “employment services” include not only performing tasks assigned to the worker by their employer but also “other necessities of employment specified by the employer.” These other necessities could include coffee breaks, smoke breaks, obtaining a drink, or taking a lunch break.
Know the Facts About Oklahoma Workers’ Compensation
As we venture further into 2025, it is vital for employees to have a clear understanding of Workers’ Compensation laws and benefits. Debunking these myths empowers workers to seek fair treatment, know their rights, and navigate the complexities of Workers’ Compensation claims effectively. Knowledge truly is power, and having accurate information can ensure that injured workers receive the support they need to recover and return to work safely.
If you have questions or problems concerning a Workers’ Compensation claim, contact The Armstrong Law Firm, PLC, in Tulsa, for a FREE consultation.