Sometimes when two people cannot reach an agreement, one files a lawsuit against the other. They both end up in a costly court battle. Even workers’ compensation claims in Oklahoma used to be handled only through the court system. However, workers’ comp claimants and employers now have an alternative –the Workers’ Compensation Alternative Dispute Resolution Program.
Workers’ Compensation in Oklahoma
After you receive an on-the-job injury, you first will notify your employer. If the employer refuses to provide workers’ comp benefits, or you disagree on the type of benefits you deserve, you can file a workers’ comp claim with the Workers’ Compensation Commission.
If you and your employer cannot reach an agreement through negotiations, you generally have two choices:
- Go to trial, or
- Request alternative dispute resolution (ADR).
You may be wondering what ‘alternative dispute resolution’ means. Simply put, ADR is just a different way of resolving your differences.
The Workers’ Compensation Alternative Dispute Resolution Program
In 2013, Oklahoma lawmakers passed legislation to radically change the way workers’ comp claims are handled. Among other things, the new law formed the Oklahoma Workers’ Compensation Commission and set up an alternative dispute resolution program.
In general, ADR takes three forms:
- Negotiation – The parties meet informally and try to iron out a deal.
- Mediation – a mediator meets with all the parties to come up with an informal resolution, which is not binding unless the parties enter into a settlement agreement.
- Arbitration – a more formal and legally binding form of ADR similar to mediation.
The Workers’ Compensation Alternative Dispute Resolution Program gives injured workers the chance to get workers’ comp benefits by request or through informal methods like ADR. Workers are not required to choose ADR proceedings. In fact, the law states that “mediation shall be voluntary, informal, and nonbinding” for most workers’ comp claims.
In addition, mediation offers more privacy to everyone since the proceeding typically does not become public record.
Will You Be Eligible for Workers’ Compensation Benefits?
Have you been injured at work? If so, our experienced attorneys are here to listen.
We help injured workers recover every dollar of compensation they are owed through the workers’ compensation system, including the Workers’ Compensation Alternative Dispute Resolution Program. Call us at (918) 582-2500 or toll-free at (800) 722-8880 or complete the simple form below for a free consultation with a skilled attorney.
FAQs
1. What is the Workers’ Compensation Alternative Dispute Resolution (ADR) Program?
The ADR program is a voluntary, informal alternative to going to trial in a workers’ compensation dispute. It allows injured workers and employers to resolve disagreements through negotiation, mediation, or arbitration instead of a court hearing.
2. Is ADR required in Oklahoma workers’ compensation cases?
No. Mediation and other ADR methods are not required. The law clearly states that “mediation shall be voluntary, informal, and nonbinding” for most workers’ compensation claims.
3. What are the different types of ADR available?
The main forms of ADR in Oklahoma workers’ comp cases are:
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Negotiation: Informal discussions between the parties.
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Mediation: A neutral third party helps reach a resolution.
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Arbitration: A more formal process where a third party makes a binding decision (if agreed to in advance).
4. What are the advantages of using ADR instead of going to trial?
ADR is usually faster, more private, and less expensive than trial. Mediation in particular helps avoid prolonged legal battles and gives both sides a chance to resolve the dispute amicably.
5. Should I consult a lawyer before choosing ADR for my workers’ comp case?
Yes. Even though ADR is informal, it’s important to understand your rights and whether a proposed settlement is fair. A skilled Oklahoma workers’ comp attorney can guide you through the process and protect your best interests.
