If you are injured at work, you may need to seek Workers’ Compensation benefits by filing a Workers’ Compensation claim.
How to File an Oklahoma Workers’ Compensation Claim:
When an injured worker needs to file an Oklahoma Workers’ Compensation claim, it’s essential to inform the employer of the injury within 30 days of the incident (or within 30 days of the time you learned that an illness was work-related). When an injured worker does not notify their employer within the required time frame, their ability to recover Workers’ Compensation benefits may be severely limited. To file an Oklahoma Workers’ Compensation claim, you must file Form 3, “Employee’s First Notice of Accidental Injury and Claim for Compensation,” with Oklahoma’s Workers’ Compensation Commission. (Your employer may file this form directly with the Commission or their insurer on your behalf). The Workers’ Compensation process can become quite tricky. It’s imperative that the claim is filed correctly and all info is included so the claim can move forward without unnecessary delays.
Streamline the Oklahoma Workers’ Comp Process with an Experienced Attorney:
Working with an experienced Workers’ Compensation attorney can make determining eligibility much simpler. Your Oklahoma Workers’ Compensation attorney can review your case to detail the circumstances of the incident resulting in your workplace injury. Doing so makes it easier to determine if you may be entitled to coverage as well as which benefits and what amount of benefits you may be able to receive from a successful claim. Once you’ve discussed your potential eligibility for Oklahoma Workers’ Compensation benefits, your experienced attorney will assist you in filing your Workers’ Compensation claim to protect your interests and help you seek the maximum benefits allowable by law.
The Oklahoma Workers’ Compensation Process: What To Expect
1. Notice of Injury to Your Employer: Injured workers must provide their employer with notice of the injury within 30 days of the incident. It is best to notify your employer of the injury as soon as possible.
2. Employer’s Report of Workplace Injury: When an employer receives notice of an illness or injury that results in more than three days away from work, they must file a report with the Commission. However, it’s important to note that this is not a Workers’ Compensation claim and does not protect your rights under Workers’ Compensation law.
3. Injured Worker Notice: Once they receive notice of the injury from your employer, the Commission sends out information regarding their Counselor Division and mediation services.
4. Employer Statement of Intent (CCForm-2A): An injured employee is entitled to a statement of intent from either their employer or their employer’s insurance carrier stating their intent to accept or deny the right to compensation. The Employer Statement of Intent must be sent to the injured worker within 15 days of the employer’s receipt of notice of the injury unless the Commission extends the time limit. If the deadline is extended, the injured worker receives a copy of the document (CC-Form-2A Extension).
5. Mediation: Mediation is available at any time during the claims process. If the Employer Statement of Intent denies Workers’ Compensation benefits, the injured worker may reach out to the Commission’s Counselor Division for information about mediation, which is informal and voluntary.
6. Claim for Compensation: To protect their rights, injured workers may file a claim for compensation with the Commission. Claims for compensation for injuries must be filed within one year, but deadlines vary for other types of compensation claims. If you fail to comply with the associated deadline for your claim, your claim could be forever barred.
7. Prehearing Conference and Hearing: Once the compensation claim is filed, injured workers may request a prehearing conference or hearing with the Commission Administrative Law Judge (ALJ) for an opportunity to address any disputed issues. An informal meeting, referred to as a prehearing conference, is held before a hearing is scheduled to give the parties a chance to resolve disputes and consider settlement. The hearing is a formal proceeding before an ALJ where they hear evidence presented by both parties. Potential evidence could include medical records and documents, testimony, etc. The ALJ’s decision is sent to both parties within 30 days after the record closes.
8. Appeal: Parties may file an appeal to the full Commission within ten days from the ALJ’s decision and 20 days to file an appeal to the Oklahoma Supreme Court from the date of the full Commission’s decision.
9. Settlement: Settlement avoids the need for a formal hearing. Parties may settle at any time during the claims process for all or part of the compensation claim. To settle, both parties have to agree with the terms of the settlement in writing in a “Joint Petition Settlement.” An Administrative Law Judge of the Commission (ALJ) must approve the settlement.
Contact Us For Help With Your Workers’ Compensation Claim
Discover how a Workers’ Compensation attorney can help you navigate the Workers’ Compensation process and seek fair compensation for your workplace injury. Contact Armstrong Law Firm, PLC, Premier Workers’ Compensation, Employment, and Social Security Law Firm. We are devoted to providing excellent legal services to clients from all walks of life. Get in touch online or call (918) 582-2500 to schedule a free initial consultation with an experienced attorney.