oklahoma Workers' Compensation: Fast Facts
Coverage Requirements Under Oklahoma State Law
Most Oklahoma businesses must provide workers' compensation insurance coverage for their employees, with some exceptions. See the list of workers automatically exempt from this coverage requirement below.
Work-Related Injury or Illness Reporting Requirements
Notify your employer immediately about your work-related injury or illness and ask for medical care. You must report any on-the-job injuries and seek medical treatment within 30 days to qualify for workers' comp benefits. For repetitive stress injuries (such as carpal tunnel) or occupational illnesses, that reporting and treatment window changes to 90 days. Failure to report or seek treatment within the state's required timeline puts your ability to claim workers' compensation at risk.
Where to Seek Medical Care
Your employer must provide “reasonable and necessary” medical care within 5 days after receiving a notification about your work accident. That's because Oklahoma workers' compensation law gives your employer the right to direct your medical care. If your employer fails to do this, then you're allowed to see your own doctor for medical treatment. However, if you have a life-threatening medical emergency, head to the nearest hospital or emergency room for urgent care.
Waiting Period for Lost-Wage Benefits in Oklahoma
Your first 7 days off are always unpaid unless you cannot go back to work for at least three weeks. Once you need that much time off to recover, workers' comp covers those first 7 unpaid days you couldn't work. If you don't need at least a week off to recover, then Oklahoma workers' compensation only covers your medical bills.
Oklahoma Workers' Compensation Statute of Limitations
You have two years from your work injury or illness date to apply for Oklahoma workers' compensation benefits.
Oklahoma Weekly Compensation Rate
You can receive up to 70% of Oklahoma's average weekly wage (AWW), subject to the state's maximum and minimum amounts.
How Long You Can Receive Oklahoma Workers' Comp Benefits
- Medical benefits: unlimited
- Death benefits: up to $10,000 for funeral and burial expenses; widowed spouses and dependent children can receive $25,000-$100,000 plus TTD benefits, depending on the number of eligible survivors.
- Temporary Total Disability (TTD): until you return to work, but no more than 156 weeks .
- Permanent Partial Disability (PPD): up to 350 weeks, max, paid at the current TTD rate; lump-sum disfigurement awards cannot exceed $50,000.
- Temporary Partial Disability (TPD): 70% of the difference between your pre-injury and post-injury AWW, paid for up to 52 weeks.
- Permanent Total Disability (PTD): biweekly TTD benefits until you turn 67 or for no more than 15 years, whichever is longer.
Oklahoma Workers' Comp Coverage Exemptions
The following employees are automatically exempt from Ohio workers' compensation coverage requirements:
- Certain agricultural workers
- Domestic servants working in a private household
- Family-owned businesses that employ no more than 5 family members
- Federal employees
- Independent contractors, but only if they don't employ anyone else (i.e., subcontractors)
- LLC members or stockholders with at least a 10% ownership stake in the business
- Partnership members
- Real estate brokers working on a commission-only basis
- Sole proprietors
- Tax-exempt youth sports league employees
- Truck owner-operators
Oklahoma Workers' Compensation Attorney Fees
All Oklahoma workers' compensation lawyers work on contingency. This means you only pay legal fees after your case wins. If you don't win, then you owe your lawyer $0. Attorneys may charge 10%-20% of your workers' comp award, depending on what type of benefits your employer's insurer owes you.