After a workplace injury in Oklahoma City or Tulsa, you’re told to file for workers’ compensation. But what if that’s only part of the solution? What if the true cause of your injury wasn’t just an accident, but a faulty piece of equipment or the negligence of another company on your worksite? Many injured workers are left with medical bills and lost wages that workers’ comp alone doesn’t fully cover, leaving their families in a difficult position.
Before you accept that this is your only option, it’s critical to ask a more important question: Who is truly responsible for your injury?
Answering that question is the key to unlocking the full compensation you deserve—for your pain, your suffering, and your future. While a dedicated Oklahoma workers’ compensation lawyer focuses on the claim itself, our team at Carr & Carr looks beyond the form to hold every responsible party accountable. Call Carr & Carr Injury Attorneys today to have your entire case reviewed for free.
Key Takeaways about Oklahoma Workers’ Compensation Claims
- Oklahoma’s workers’ compensation system is a “no-fault” program, meaning benefits can be paid regardless of who caused the workplace accident.
- Injured workers may be entitled to benefits that cover medical treatment, lost wages, and compensation for permanent disabilities.
- Strict deadlines apply for reporting a work injury to an employer and for filing a claim with the Oklahoma Workers’ Compensation Commission.
- Sometimes, a workplace injury may also involve a separate personal injury claim against a “third party,” such as the manufacturer of faulty equipment.
- An employer’s insurance company may challenge a claim, making it difficult for an injured worker to receive the benefits they need.
- Understanding the full scope of a work injury, including all potential sources of financial recovery, is important for protecting an individual’s future.
Why Choose Carr & Carr to Review Your Work Injury Case?
For nearly 50 years, Carr & Carr Injury Attorneys has been dedicated to helping individuals and families across Oklahoma. We believe that every injured person deserves to have their rights protected. When you’ve been hurt at work, your situation may be more complicated than it first appears. While a workers’ compensation claim addresses your employer’s responsibility, other parties could also be accountable for your injuries.
Our experienced attorneys look at the big picture. We carefully examine the circumstances of your accident to determine if you have a third-party liability claim in addition to your workers’ comp case. These claims can arise from:
- A defective piece of machinery or equipment
- A car or truck accident that occurred while you were on the clock
- A negligent action by a subcontractor or another company at your worksite
These third-party claims, which are a core focus of our firm, can provide financial recovery for things workers’ comp doesn’t cover, like pain and suffering. We are committed to helping you identify every possible avenue for support.
If your case is a straightforward workers’ compensation matter, we can connect you with a trusted Oklahoma workers’ compensation attorney from our network. Our goal is to ensure you have the right team on your side for every aspect of your recovery.
How We Help with Your Workers’ Compensation Claim
Though our attorneys focus our direct representation on other personal injury matters, we’ve built strong relationships with skilled workers’ compensation attorneys throughout Oklahoma.
Important: Carr & Carr does not sign up or directly handle workers’ compensation cases. Instead, we provide a valuable referral service that connects you with experienced attorneys who specialize in workers’ compensation law. Here’s how we find the best workers’ compensation lawyer for your case:
- Careful Vetting: We only refer to attorneys whose expertise and client service meet our high standards
- No Additional Cost: Our referral service comes at no cost to you
- Personalized Matching: We consider the specifics of your case to make the most appropriate referral
Our Referral Process
- Initial Consultation: Contact us for a free consultation about your workplace injury
- Case Assessment: We’ll gather basic information about your situation
- Attorney Matching: We’ll connect you with a workers’ compensation attorney suited to your specific needs
- Seamless Transition: We ensure a smooth handoff to the attorney who will handle your case
When you contact Carr & Carr about a workers’ compensation matter, we’ll connect you with attorneys who have proven track records handling workers’ compensation cases.
Understanding the Oklahoma Workers’ Compensation System
The Oklahoma workers’ compensation system was created to provide a streamlined process for employees to get benefits after being injured on the job. It’s essentially a type of insurance that most employers in the state are required to carry. The system is managed by the Oklahoma Workers’ Compensation Commission, which oversees claims and resolves disputes.
The core idea is to create a trade-off. In exchange for receiving benefits without having to prove their employer was negligent, the injured employee generally cannot sue their employer for the injury. This is known as the “exclusive remedy” rule. It’s designed to get help to injured workers faster than a traditional lawsuit might allow.
What Does “No-Fault” Mean for Your Claim?
A key feature of this system is that it is “no-fault.” This is a legal term that means you don’t have to prove your employer did something wrong to cause your injury. Even if the accident was partially your fault or just a simple mishap, you are typically eligible for benefits.
For example, if you slip on a clean, dry floor at your Tulsa office and break your wrist, you can still file a claim. You don’t need to show that your employer should have installed a different type of flooring or failed to warn you about a hazard. The fact that you were hurt while performing your job duties is what matters. This no-fault approach helps ensure that Oklahomans get the medical care and wage support they need right away.
Types of Benefits Available Through Workers’ Comp
When you are approved for a workers’ compensation claim in Oklahoma, the benefits are meant to address the immediate and long-term effects of your injury. The specific benefits you receive will depend on the nature and severity of your condition.
- Medical Treatment: This is one of the most important benefits. It covers all medical care that is reasonable and necessary to treat your work-related injury or illness. This can include doctor visits, hospital stays, surgery, physical therapy, prescription medications, and medical devices.
- Temporary Total Disability (TTD): If your doctor determines that you are unable to work at all while you recover, you can receive TTD benefits. These payments are designed to replace a portion of the wages you are losing.
- Permanent Partial Disability (PPD): After you have reached what is called “maximum medical improvement” (the point where your condition is not expected to get any better), a doctor will assess if you have any permanent impairment. If you do, you may be eligible for PPD benefits as compensation for the permanent functional loss.
- Vocational Rehabilitation: In some cases, an injury may prevent you from returning to your old job. Vocational rehabilitation benefits can help with training, education, and job placement services to help you find new work that you can perform with your limitations.
These benefits are a lifeline for many families, providing stability during a difficult period of recovery and transition.
The Difference Between Workers’ Comp and a Personal Injury Claim
While the workers’ compensation system is the “exclusive remedy” against your employer, it is not your only option if someone else’s negligence caused your injury. This is where a third-party personal injury claim comes into play. A third-party is a person or company, other than your employer or a co-worker, who is at fault for your accident.
Filing a third-party claim does not affect your ability to receive workers’ comp benefits. It is a separate legal action that can provide financial recovery for damages that workers’ comp doesn’t cover, such as pain, suffering, and emotional distress. This is a critical distinction, and exploring this possibility is essential to ensuring you receive full and fair compensation for everything you have lost.
Identifying Potential Third-Party Claims After a Work Accident
Many workplace accidents, from construction sites in Oklahoma City to delivery routes along I-40, involve more than just the employee and employer. Our team at Carr & Carr is skilled at investigating the details of a work accident to identify any liable third parties.
Common examples include:
- Defective Products: If you were injured by a tool, machine, or piece of safety equipment that malfunctioned, you may have a product liability claim against the manufacturer or designer of that product.
- Car and Truck Accidents: If you drive for a living or were running an errand for your job and were hit by another driver, you can pursue a personal injury claim against that negligent driver in addition to your workers’ comp claim.
- Property Owner Negligence: If you were working on a property not owned by your employer (like a construction site or a client’s building) and were injured due to an unsafe condition, you may have a premises liability claim against the property owner.
Uncovering these additional claims requires a thorough investigation of the facts. Having a law firm that handles these types of personal injury cases review your situation can open up paths to recovery you might not have known existed.
Common Challenges in Oklahoma Workers’ Comp Cases
Although the system is designed to be straightforward, injured workers can face significant roadblocks. Insurance companies may look for reasons to deny a claim or minimize the amount they have to pay.
Some common challenges include:
- Claim Denial: An insurer might deny your claim by arguing the injury didn’t happen at work, was a pre-existing condition, or that you failed to report it in time.
- Disputes Over Medical Care: You may disagree with the doctor chosen by your employer’s insurance company or feel you are being denied necessary treatments.
- Pressure to Return to Work: An employer or insurer may pressure you to return to work before you are medically ready, which could put your health at risk.
- Low Disability Ratings: The doctor’s assessment of your permanent impairment directly impacts your PPD award. A low rating can result in a much smaller settlement than you deserve.
Facing these challenges on your own can be a real struggle, especially when you should be focused on your health.
What to Do If Your Claim is Denied
If your workers’ compensation claim is denied, do not give up. You have the right to appeal the decision. The first step is typically to file a request for a hearing with the Workers’ Compensation Commission. This begins a formal legal process where you will need to present evidence, including medical records and testimony, to a judge who will decide on your case.
This process involves strict legal procedures and deadlines. It is at this stage that having a capable legal representative becomes crucial. An attorney can handle the paperwork, gather the necessary evidence, and argue on your behalf to give you the best chance of a successful appeal.
Oklahoma Workers’ Comp FAQs
Here are some answers to common questions about workplace injury claims in Oklahoma.
Can I be fired for filing a workers’ compensation claim?
No. Oklahoma law prohibits employers from retaliating against an employee for filing a workers’ compensation claim in good faith. This is known as retaliatory discharge, and if it happens, you may have grounds for a separate lawsuit against your employer.
What should I do if my employer does not have workers’ compensation insurance?
Most employers in Oklahoma are required to carry this insurance. If your employer illegally fails to do so, you may have the right to sue them directly in civil court for your injuries, where you could potentially recover damages for pain and suffering in addition to your medical bills and lost wages.
Do I have to see the doctor the insurance company chooses?
Initially, your employer or their insurance carrier has the right to direct you to a treating physician. However, you do have the right to request a one-time change of physician to another doctor from a list provided by the employer. You also have the right to seek a second opinion at your own expense.
What if my injury was caused by my own mistake?
Because Oklahoma has a no-fault system, you are generally still eligible for benefits even if your own carelessness contributed to the accident. The key factor is whether the injury occurred during the course of your employment.
Is my commute to and from work covered by workers’ compensation?
Typically, injuries that happen during a normal commute to or from your workplace are not covered. This is known as the “coming and going” rule. However, there are exceptions, such as if you are a traveling employee or are running a special errand for your employer.
What is the difference between a settlement and an award?
A settlement is a voluntary agreement reached between you and the insurance company to resolve your claim, which must be approved by the commission. An award is a decision made by a judge after a hearing if you and the insurer cannot reach an agreement on your own.
Let Us Help You Understand All Your Options
After a work injury, you deserve to know every legal option available to you. At Carr & Carr Injury Attorneys, we have been helping people hurt in Oklahoma since 1973. Our team of dedicated attorneys and professional staff will listen to your story with compassion and provide a free, no-obligation consultation to review the details of your case.
We can help you determine if you have a third-party personal injury claim and can connect you with an experienced workers’ compensation lawyer to handle that aspect of your case. Don’t try to sort this out by yourself. Contact our Oklahoma City or Tulsa-Midtown offices today at (405) 691-1600 or through our online form to learn how we can help you move forward.