How the Oklahoma Workers’ Compensation Benefits Process Works

Important: We updated this article in August 2024 after reviewing the text of the law and Oklahoma workers’ compensation court policies. States process all workers’ compensation claims in the U.S. according to local laws, in most cases. One notable exception is federal employees, who must always file claims with the government, not an insurance company. We’ll explain which employees with workplace injuries or occupational illnesses may qualify for these benefits. Then, follow the steps we’ve listed below to apply for Oklahoma workers’ compensation benefits whenever you’re ready.

Which Oklahoma Employers Must Carry Workers’ Compensation Insurance?

Most Oklahoma business owners must provide workers’ compensation insurance for all workers. That includes people working full-time and those employed less than 40 hours per week. However, small family-run businesses that employ no more than 5 workers are automatically exempt from this Oklahoma workers’ compensation insurance coverage requirement. This rule only applies if all 5 workers that the business employs are also related family members.

Here are some examples of other workers automatically exempt from this workers’ comp coverage requirement:

• Federal employees (i.e., railroad workers, postal carriers)
• Certain employees working for agricultural employers
• Domestic workers employed in private homes
• Licensed real estate brokers working on commission only
• LLC members, partners, and stock holders with at least a 10% ownership stake in the business
• Independent contractors who do not employ anyone else
• Sole proprietors
• Commercial vehicle owner-operators (i.e., truck drivers)

Steps to Apply for Oklahoma Workers’ Compensation Benefits

After your workplace injury or illness, follow these steps to apply for workers’ comp benefits:

1. If you have a life-threatening injury or illness, go to the closest ER or hospital for urgent care. Otherwise, you must notify your supervisor first, since state law gives employers the right to direct your medical treatment.

Workers’ comp law in this state says you cannot choose your doctor unless your life is in danger. If your employer fails to provide medical treatment within five days, you may then choose your own doctor. At that point, your employer is on the hook for paying your medical expenses because they failed to provide timely treatment.

2. In most cases, you must notify your employer and seek treatment within 30 days to start the Oklahoma workers’ compensation benefits claim process.

There are two exceptions that give you 90 days to report injuries or illnesses to a workers’ comp insurance provider:

• Repetitive stress injuries that develop gradually over time, such as carpal tunnel syndrome or tendonitis
• Occupational illnesses that only show up after years of exposure (i.e., mesothelioma or silicosis)

Important: If you fail to meet this 30- or 90-day reporting deadline, you’ll lose your right to Oklahoma workers’ comp benefits.

3. If your employer fails to provide treatment or rejects your claim, don’t give up! Complete the right form for the type of claim you need to file and submit it to the Oklahoma Workers’ Compensation Commission directly.

For a work injury, you’ll need to file Form 3, Employee’s First Notice of Claim for Compensation. Use Form 3b to start your claim if you have an occupational disease to report instead of an injury. You must file one of these forms within two years of your injury or illness diagnosis date to qualify for workers’ compensation. For fatal work-related injuries that result in death, you have two years to file your claim.

4. After approval, you must miss 7 calendar days of work before you can qualify for lost wage benefits.

The only way to get paid for that first week off work is if the doctor says you must miss more than 21 days (3 weeks) total. Oklahoma law calls these payments “temporary disability,” and they equal 70% of your average weekly wage (AWW). However, that amount is subject to the state’s annual maximum and minimum benefit pay amounts.

Important: If your doctor clears you for light duty work or reduced hours, you must accept it. Otherwise, you may lose your right to Oklahoma workers’ compensation medical benefits.

Doctor says you don’t need time off work to recover after a job accident? Then you will only qualify for medical benefits. That means the workers’ comp policy only covers your medical bills, not anything else.

You can receive the following types of Oklahoma workers’ compensation benefits for lost wages once the insurance company approves your claim:

• Temporary Total Disability (TTD) – 70% of your AWW until you return to work in any way, but for no more than 156 weeks.
• Temporary Partial Disability (TPD) – 70% of the difference between your pre-injury and post-injury weekly wages for up to 52 weeks.
• Permanent Partial Disability (PPD) – no more than 350 weeks of TTD payments, or up to $50,000 in one lump-sum payment for disfiguring injuries.
• Permanent total disability benefits (PTD) – TTD benefits paid every 2 weeks for either 15 years or until you turn 67 years old, whichever is longer.
• Death benefits – workers comp insurance pays up to $10,000 for funeral and burial expenses. Benefits are also available for surviving dependents in a lump-sum payment; the amount varies. For more details, see the text of the law itself here.

5. Denied benefits? To appeal, complete Request for Hearing Form 9 and file it with the Oklahoma Workers’ Compensation Court of Existing Claims.

To resolve your dispute with the insurance company through mediation, call the state’s Counselor Program at (918) 581-2393. Otherwise, you must appear in court and plead your case before an administrative law judge to appeal.

Every claim is different, so your own experience may vary.

How to Get Free Workers’ Comp Help in Oklahoma

Legally, your employer can deny you Oklahoma workers’ compensation benefits if you refuse a drug test or it comes back positive. Not having the option to choose your own doctor could also hurt your chances for approval. An Oklahoma workers’ compensation attorney can help you get the benefits you’re owed after a claim denial. Attorneys can also help with job reinstatement if an employer hires your replacement when you’re out on workers’ comp leave.

Why not sign up for a free phone call with a workers’ comp lawyer near you? This service costs you nothing. It’s a fast, easy way to get answers that apply to your specific workers’ comp case. Click below to sign up for this call and get your claim questions answered for free today.

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