Filing a Worker’s Compensation Claim in Oklahoma:

To file an Oklahoma workers compensation claim, individuals need to contact Workers' Compensation Court and file Form 3, Employees' First Notice of Accidental Injury and Claim for Compensation. The employer may also file a workers' compensation claim directly to their insurer or the court on behalf of the employee.

You pay a legal fee ONLY if you recover benefits. Under Oklahoma law, an attorney receives a twenty percent (20%) attorney fee for permanent disability benefits collected and a ten percent (10%) attorney fee for temporary total disability benefits collected. There is generally no attorney fee when weekly benefits are paid voluntarily. The injured worker pays no fee for the work of an attorney in securing payment of medical bills, prescription charges or mileage expenses.

Oklahoma Worker’s Compensation Treatment:
For many years, the law in Oklahoma has given YOU the right to select your own treating physician. However, the law was recently changed. After 1994, if your employer participates in a Certified Work Place Medical Plan, you must select one of the physicians provided by that plan, OR, select a family physician designated in advance by you at the time you were hired. If your employer does not participate in a CWMP, then YOU may select your own treating physician. If you are being treated by a physician provided by your employer's CWMP, it may be possible to change physicians with court approval. You will probably need the assistance of a qualified attorney to make such a change in treating physicians.

Oklahoma Worker’s Compensation Benefits:
One must establish disability, either on a temporary or permanent basis. Once this is determined, the weeks of compensation have a basis on the type of injury. Benefits are equal 70 percent of the average weekly wage of the employee for temporary disability and 100 percent for total, permanent disability or death. Medical costs receive coverage for all approved injuries or illnesses.

In most small workers compensation cases, no attorney is required for the submission of the workers' compensation claim and approval. For substantial situations resulting in total disability and/or permanent disability, it is critical to use the services of a workers' compensation lawyer whenever possible, though not mandatory.

Full medical benefits are provided with no time or monetary limitations.

The percentage of worker's wage paid is 70. For weekly payments, the minimum is $30 or actual wage, if less and the maximum is $683, 100% of SAWW. The maximum period of payments is 156 weeks, but the period of disability can be extended to 300 weeks by the WC court for good cause.

The percentage of worker's wage paid is 70. For weekly payments, the minimum is $30 or actual wage, if less and the maximum is $683, 100% of SAWW. The maximum period of payments is duration of disability.

The percentage of worker's wage paid is 50. For weekly payments, the minimum is $30 or actual wage if less, and the maximum is $342, 50% of SAWW. For non-scheduled injuries, the maximum period of payments is 500 weeks and the maximum payment amount is $171,000.

Oklahoma law covers disfigurement that is "Serious and permanent". Benefits are a maximum of $20,000.

Oklahoma Worker’s Compensation Waiting Period:
The waiting period for compensation benefits after the injury is 3 days.

Oklahoma Worker’s Compensation Contact Information:
Mary Black, Presid. Judge
Workers’ Compensation Court
1915 North Stiles Avenue
Oklahoma City, OK 73105
 (405) 522-8600  (405) 522-8600 or  1-800-522-8210  1-800-522-8210
(Contact: Tish Sommer)

NOTICE: These questions and answers concern Oklahoma law only, and should not be construed nor relied upon as reflecting the law in other States, nor as giving legal advice. You are warned that circumstances often vary greatly and that, due to changing decisions and law, the answers to these questions may change over time and not be current, and you should consult an attorney in any specific case, and NOT rely on these questions and answers as giving anything other than general information.