If I Get Injured at Work, Do I Get Paid? Know Your Rights in Oklahoma
Find out what you’re entitled to for workplace injuries in Oklahoma. Get answers to “If I get injured at work, do I get paid?” and explore your legal options.
According to a November 2023 press release from the Oklahoma Department of Labor, the state saw an estimated 11,700 cases of work-related injury and illness that resulted in missed work days. Another 6,600 cases led to injured or ill workers experiencing duty restrictions or on-the-job transfers.
All those sobering statistics may have made you wonder, “If I get injured at work, do I get paid?” The simple answer is yes; you may be eligible to receive income benefits if you sustain a job-related injury. However, this will still depend on whether your employer has Oklahoma worker’s compensation.
In this guide, our legal team at BDIW, Boettcher, Devinney, Ingle & Wicker, will share insights on work injury compensation Oklahoma workers should know of. So please read on, as what you learn here can help protect your rights if you develop job-related injuries or illnesses.
Answering, “If I Get Injured at Work, Do I Get Paid?”
Oklahoma’s Administrative Workers’ Compensation Act (AWCA) mandates that nearly all employers carry worker’s compensation insurance, also called “worker’s comp” for short. The policy covers most employees defined by AWCA as any person, including minors, in the service of an employer, with some exceptions.
Provided your employer carries worker’s comp, you, as an employee, should receive coverage and benefits if you get injured or ill in the line of work.
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SPEAK TO AN ATTORNEY TODAYDoes Worker’s Comp Cover All Oklahoma Employees?
While AWCA covers most employees in Oklahoma, it also allows for the exemptions of certain employees, including but not limited to:
- Workers paid on a commission basis, like licensed real estate sales associates or brokers
- Sole proprietors
- Partnership members
- Family businesses with five or fewer employees related by blood or law to the second-degree
- Limited liability company (LLC) members with 10% ownership of the capital
- Stockholders with ownership of at least 10% of the capital
Because of the legal exemption, employers of the above employees don’t need to purchase workers’ comp. However, they can still do so for additional protection and peace of mind.
What Injuries or Illnesses Does Worker’s Comp Cover?
Under your employer’s worker’s comp, you should get coverage for most injuries caused by work-related incidents, such as:
- Slips
- Trips
- Falls
- Chemical exposure
You should also receive benefits if you get ill in the line of work. An example is if you get exposed to harmful or toxic substances at work.
Worker’s comp also covers repetitive injuries that develop over the years due to actions, activities, or motions necessary to complete work. A perfect example is carpal tunnel syndrome, which, according to the American Medical Association (AMA), affects up to 10 million people in the United States.
The most crucial thing to remember is that worker’s comp only covers injuries and illnesses related to and that arise in the course of employment. It will not cover incidents like self-inflicted injuries or conditions that occur as a result of voluntary intoxication or “horseplay,” even if they occur on the job site or workplace.
What Benefits Does Oklahoma Worker’s Comp Provide?
If your injury or illness qualifies as work-related under the AWCA, you may be eligible for the following benefits:
- Medical expenses that arise from your job-related injury or illness
- Missed wages if you need time away from the job to heal and recover
- Temporary total disability benefits if you become temporarily disabled
- Permanent partial disability benefits if you sustain a long-lasting but not complete disability
- Permanent total disability benefits if you become permanently disabled that you can no longer work
Oklahoma worker’s comp also provides death benefits to the family of an employee who passes away in the line of work.
Although fatal job-related injuries and illnesses aren’t as common as their non-fatal counterparts, they can still occur. Indeed, according to the latest data from the U.S. Bureau of Labor Statistics, in 2022 alone, there were 70 fatal occupational injuries in Oklahoma.
What’s the Process for Filing a Worker’s Comp Claim in Oklahoma?
You must immediately tell your employer about your situation to qualify for and receive worker’s comp benefits. To do this, you must file a Notice to Employer form within 30 days of the injury or after learning that you have a work-related illness. Failure to notify your employer within the timeframe can result in the delay of benefits or denial of a worker’s comp claim.
You must also file a worker’s compensation claim immediately following your work injury or illness. The form you need for this is Form 3, “Employee’s First Notice of Accidental Injury and Claim for Compensation.” Please file this with the Oklahoma Workers’ Compensation Court; alternatively, your employer may file it on your behalf.
Is a Lawyer Necessary for Worker’s Comp Claims?
While you can file a worker’s comp claim without a lawyer, please be aware that it can be time-consuming and legally complex. Employers and worker’s comp providers may even deny benefits and valid claims.
A highly experienced worker’s comp attorney can help protect your Oklahoma workplace injury rights by:
- Providing you with legal advice for work injuries
- Gathering evidence to support your claim
- Organizing paperwork and reviewing documents needed for the claim
- Investigating denials and employers for previous workplace violations
- Handling issues or disputes with employers or their insurers
- Filing the claim on your behalf
So, with a worker’s compensation attorney on your side, you can leave the tedious yet complex work in their capable hands. In doing so, you can focus on recovering and healing, allowing you to return to work as soon as possible.
Get the Worker’s Comp Benefits You Deserve
As you learned in this guide, the answer to your question, “If I get injured at work, do I get paid?” is yes, provided you are an employee under Oklahoma’s AWCA and your employer has worker’s compensation.
If you’re still in doubt and believe you have a valid worker’s comp claim, our legal professionals at BDIW, Boettcher, Devinney, Ingle & Wicker, can help. We’re proud to have over 65 years of combined legal expertise and successfully handling injury claims. We also have decades of courtroom experience representing clients in personal injury, employment law, and product liability cases.
Contact us today to request your free initial consultation. You won’t pay us until we successfully resolve your claim.
