Oklahoma Workers’ Compensation insurance is generally required for all employers. However, the Oklahoma Administrative Workers’ Compensation Act specifies categories of workers who do not meet the criteria for “covered employees.” Is your employer required to carry Workers’ Compensation insurance coverage on you? The Armstrong Law Firm, PLC, in Tulsa, explains more about who must have this insurance.
Who Is an “Employee?”
An employee is generally defined as a person employed for wages or salary. However, OK Workers’ Compensation law includes many more elements to determine whether an employee is eligible for benefits.
85A OS §2 (18)(a) states: “Employee” means any person, including a minor, in the service of an employer under any contract of hire or apprenticeship, written or oral, expressed or implied, but excluding one whose employment is casual and not in the course of the trade, business, profession, or occupation of his or her employer and excluding one who is required to perform work for a municipality or county or the state or federal government on having been convicted of a criminal offense or while incarcerated.
“Employee” shall also include a member of the Oklahoma National Guard while in the performance of duties only while in response to state orders and any authorized voluntary or uncompensated worker, rendering services as a firefighter, law enforcement officer or emergency management worker. Travel by a police officer, fireman, or a member of a first aid or rescue squad, in responding to and returning from an emergency, shall be deemed to be in the course of employment.
Who Is Not Covered by Workers’ Compensation Insurance?
Oklahoma Workers’ Compensation law also specifies 11 categories of workers who are not considered “employees” for the sake of Workers’ Compensation. These persons or entities are exempt from carrying or being covered by Workers’ Compensation insurance.
- Workers covered by the Federal Employees’ Compensation Act, the Federal Employers’ Liability Act, the Longshore and Harbor Workers’ Compensation Act, and the Jones Act.
- Certain workers employed in agriculture, ranching, or horticulture (larger employers may still be required to obtain coverage for their employees).
- Licensed real estate sales associates or brokers who are paid a commission.
- Workers providing services in a medical care or social services program or participating in a work or training program administered by the Department of Human Services.
- Workers employed by an employer with five or fewer total employees, all of whom are related to the employer.
- Workers in a youth sports league qualifying for federal income tax exemption.
- Sole proprietors, members of a partnership, individuals who are party to a franchise agreement, members of a limited liability company who own at least ten percent (10%) of the capital of the limited liability company, or any stockholder employees of a corporation who own ten percent (10%) or more stock in the corporation.
- Volunteer workers who receive no wages for services other than meals, drug or alcohol rehabilitative therapy, transportation, lodging, or reimbursement for incidental expenses.
- Owner-operators who own or lease a truck-tractor or truck for hire, if the owner-operator actually operates the truck-tractor or truck and if the person contracting with the owner-operator is not the lessor of the truck-tractor or truck.
- Drive-away owner-operators who privately own and utilize a tow vehicle in drive-away operations and operate independently for hire, if the drive-away owner-operator actually utilizes the tow vehicle and if the person contracting with the drive-away owner-operator is not the lessor of the tow vehicle.
- Domestic servants or casual workers in a private home or household.
Numerous factors apply to many of these categories that may make workers eligible for Workers’ Compensation benefits. You should consult a seasoned Oklahoma Workers’ Compensation Attorney at The Armstong Law Firm, PLC, to see if you qualify.
Should Workers’ Compensation Cover You?
Although Workers’ Compensation is not a new program in Oklahoma, many workers still believe in common misconceptions that confuse them. You may need an experienced Workers’ Compensation Attorney if you believe your employer should carry Workers’ Compensation insurance but they do not. Moreover, many exempt categories above may voluntarily elect to have this insurance. An attorney can explain how this insurance protects them and their workers and is worth the investment.
To request a consultation, contact The Armstrong Law Firm, PLC, at (918) 582-2500 or complete the contact form.