Most Oklahoma employees are covered by workers’ compensation. Yet, if you have been injured on the job and need to file a claim, you may find the workers’ compensation system confusing.
It is important to understand how to file a workers’ compensation claim in Oklahoma City and how your benefits work. It is also wise to have an experienced Oklahoma City workers’ compensation attorney guiding and representing you to ensure you receive the maximum compensation you deserve.
The workers’ compensation lawyers at Warhawk Legal have a deep understanding of the Oklahoma workers’ compensation system. We also have extensive experience helping our clients successfully navigate this system to recover the full benefits they are entitled to receive.
If you have been injured in the workplace and need to file a workers’ compensation claim, we are here to help you. Call us at (405) 397-1717 or visit our contact page now to schedule a free consultation.
The Workers’ Compensation Claims Process
When you seek the advice of an Oklahoma City workers’ compensation lawyer, determining eligibility and receiving your benefits can be much simpler than attempting to file your claim alone.
Filing your workers’ compensation claim and receiving your benefits generally proceeds as follows:
- Notify your employer of your injury. You must report your injury to your employer within 30 days of the incident that caused your injury. However, it is best to notify them as soon as possible.
- Your employer must file a report with the Commission. This is not considered a workers’ compensation claim and does not protect your right to receive benefits. However, your employer must file a report when they receive notice of a workplace injury or illness that results in more than three days of missed work.
- Your employer must send you a Statement of Intent within 15 days of their receipt of notice of injury. The Statement of Intent must inform you whether the employer accepts or denies your right to compensation. The Commission may extend the employer’s time to send the Statement of Intent and if they do, you will receive a copy of the Extension document.
- You may participate in mediation at any time during the claims process. If your employer denies your benefits, you may contact the Commission to learn how to begin the mediation process. Mediation is voluntary and informal.
- File your claim for compensation with the Commission. You must file your claim within one year of your injury. If you miss your deadline, you may lose your right to receive compensation.
- Once your claim is filed, you may request a prehearing conference or a hearing with the Commission Administrative Law Judge to discuss disputed issues. A prehearing conference is informal and provides a chance for the parties to resolve their disputes and work out a settlement. A hearing is a formal proceeding before the Administrative Law Judge where evidence is presented by both parties and the Administrative Law Judge will make a decision about your benefits.
- If the Administrative Law Judge denies your claim, you have ten days to file an appeal to the full Commission. And if the full Commission denies your claim, you have twenty days to appeal their decision to the Oklahoma Supreme Court.
- If you are able to settle your claim, you will not need to have a formal hearing. To settle, the parties agree to their terms in writing in a Joint Petition Settlement which will be signed by the Administrative Law Judge.
At all times during the claims process, you should continue your medical treatment and follow your doctor’s orders. You should also maintain a file to hold all medical records, including your diagnoses and treatment, as well as any correspondence with your employer or the Commission.
What You Also Need To Know
Your employer has the option to choose your treating physician. However, if they fail to provide treatment within five days of your injury, you may have the right to be treated by your choice of physician at your employer’s expense.
Your treating physician will evaluate your injury and give you a treatment recommendation. They also advise you whether you may continue to work.
You must continue your treatment under your treating physician determines you have reached maximum medical improvement (MMI). Reaching MMI means continuing treatment will not improve your condition. After you reach MMI, your treating physician will advise whether you can return to work.
If you miss more than seven calendar days of work because your injury prevented you from working, you may have the right to receive temporary total disability (TTD) benefits. If so, you will receive weekly payments of seventy percent of your weekly wages for a maximum of 104 weeks. If your injury is particularly severe, you may be entitled to an additional 52 weeks of TTD benefits.
Contact an Oklahoma City Workers’ Compensation Lawyer
The workers’ compensation process can be time-consuming and complicated. Our Oklahoma City injury lawyers are here to help guide you through the process and get you the maximum compensation you deserve.
If you have been injured on the job, let us help you. Call us today at (405) 397-1717 or visit our contact page to schedule a free consultation. We will listen to you, explain your rights, answer your questions, and help you get the workers’ compensation benefits you are entitled to.