Workers' Compensation
Workers who are injured on the job have very important and valuable rights. If a person is injured on the job, their employer and/or workers' compensation insurance carrier must provide prompt and adequate medical attention and treatment. They must pay for all reasonable and necessary treatment, surgery, rehabilitation, medication and therapy. If an injured worker has to travel out of town to get medical treatment, mileage reimbursement must be made.
If an injured worker is unable to return to the same type of work after he has been released by the doctor, then the employer and insurance company must make arrangements for vocational rehabilitation and training.
In addition, if an injured worker is unable to work because he is under the care of a doctor, that worker is entitled to draw "temporary total disability"(TTD) payments in an amount equal to 70% of the average weekly wage of the employee, up to a maximum of $528.00 per week. Once the worker has been released to return to work, even if it is light duty, the obligation to pay TTD comes to an end.
In 2005, the Oklahoma legislature passed so-called Workers' Compensation "reform". The rights of the injured worker have been changed dramatically. In order for an injured worker to receive the maximum benefits to which he/she is entitled, it is important to know what those rights are. If you are injured on the job, call me and we can talk about your case. I never charge anyone to talk to them on the phone, and you are not under any obligation to hire me. If I do take your case, I will take it on a contingent fee. The law allows a lawyer representing the injured worker to charge as much as 20% of the final disability award. If there is no recovery, there is no fee.
The statute of limitations for a workers' compensation claim is two years from the date of injury. However, an employee who is injured on the job is required to notify the employer within thirty days or seek treatment for the injury within thirty days. Failure to give notice or seek treatment may result in the claim being denied.
Special rules apply when an injured workers makes a claim for "cumulative trauma" injuries, that is, injuries to the hearing, heart, lungs etc. that occur over a period of time. It is important to know what these rules are so that valuable rights will not be lost.
