TULSA WORKERS’ COMPENSATION INJURY ATTORNEY
Oklahoma law sets forth a comprehensive and statutory system to provide monetary compensation and other benefits for Tulsa and Oklahoma working people injured on their jobs. The system is mandatory for Oklahoma employers and covers all employees hired or injured in Oklahoma with certain limited exceptions. The law, known as the “Oklahoma Workers’ Compensation Act” (“the Act”), also provides for the Oklahoma Workers’ Compensation Court, which holds hearings in both Oklahoma City and Tulsa. Key benefits available under the Act can be summarized as follows:
TEMPORARY TOTAL & TEMPORARY PARTIAL DISABILITY BENEFITS (TTD/TPD)
Temporary total disability (“TTD”) and temporary partial disability (“TPD”) benefits are paid to an injured worker during his or her healing period when, as a result of the industrial injury, they are unable to return to full duty or modified work. Both types of benefits are paid weekly. TTD benefits are paid at a rate of 70% of the injured worker’s average weekly earnings for the year prior to his or her injury, up to a maximum amount which is currently set at $683. TTD benefits are paid during any period in which a workers’ compensation claimant’s treating physician states that he or she is either: (a) completely unable to return to work at the job being performed when injured; or (b) places the injured worker under work restrictions and the worker’s employer is either unwilling or unable to provide the worker with any work within these restrictions. TPD benefits are generally paid under circumstances when the worker’s employer does offer the worker employment but at a reduced pay rate or hours. TPD benefits are paid at a rate of 70% of the difference between what the employee was earning at the time he or she was injured and his or her current pay rate. TTD and TPD benefits generally end when the worker is discharged from treatment from his treating doctor.
MEDICAL AND HOSPITAL BENEFITS
The Oklahoma Worker’s Compensation Act requires every employer covered by the Act to provide its injured workers with prompt medical attention. The employer has the right at the outset to select the injured worker’s treating physician. In most instances, however, the injured worker is entitled to a one-time change of physician selected by the employee for each body part injured as a result of the occupational injury. An injured worker is entitled to have any medical treatment which is determined to be reasonable and necessary and also related to his occupational injury paid for by his or her employer. There are no deductibles in workers’ compensation cases and medical treatment is paid to the provider according to the workers’ compensation fee schedule. The provider is strictly prohibited from collecting any amount remaining after payment under the fee schedule from the injured worker. Emergency treatment obtained by the injured worker is to be paid for as well, even without preauthorization. Finally, an injured worker is entitled to have his prescription medication and travel costs either paid for directly or reimbursed by his employer. Worker’s compensation medical benefits are generally not limited in time or dollar amount, although in most cases medical treatment is terminated when the worker reaches his maximum medical improvement.
PERMANENT PARTIAL DISABILITY BENEFITS (“PPD”)
Permanent partial disability benefits (“PPD”) are paid to injured workers who, even after medical treatment and the healing process which occurs with time, have permanent impairment as a result of their occupational injury all as determined by a medical doctor. PPD is assessed as a percentage value and is evaluated after the employee is released from active medical treatment. Doctors who evaluate a worker’s permanent impairment are required in many cases to use a standardized guide called appropriately the guide to the evaluation of permanent impairment. PPD benefits are paid weekly at an amount which is 70% of the worker’s pre-injury earnings, up to a maximum amount, which is currently $342. Some injuries, such as a hernia, are paid for a preset number of weeks.
VOCATIONAL REHABILITATION AND JOB RETRAINING (“VOC REHAB”)
Vocational rehabilitation, job retraining and even job placement services are available to those workers who, as a result of their industrial accident or injury, are unable to return to his or her job held at the time of the injury, previous vocation or any other job making a wage comparable to that which he or she was making at the time of the injury. This determination is made by considering the worker’s permanent activity restrictions and the physical or mental requirements of the worker’s previous work. If so qualified the worker will be awarded books and tuition at a state vocational or trade school in a program which can be completed in 52 weeks or less. Except in very limited circumstances, the worker will not be entitled to wage replacement benefits while participating in the retraining or job placement program.
PERMANENT TOTAL DISABILITY BENEFITS (“PTD”)
Permanent total disability benefits (“PTD”) are reserved for those worker’s who, even with job placement services and/or vocational retraining, and as a result of their occupational injury, are wholly unable to return to not only their usual work, but any other work, considering their vocational profile of age, education and previous work experience. PTD benefits are generally paid for life or until it is proven that the injured worker’s condition has not only improved but has improved to a point the worker can return to some form of work. In most cases PTD benefits are paid at the injured worker’s TTD rate, which is 70% of the worker’s average weekly wage at the time he is she got hurt, up to a maximum amount (which is currently set at $683).
If you have been hurt at your job and have questions regarding the benefits you may be entitled to under the Oklahoma Workers’ Compensation Law, Please call our office today. Our attorneys at THE ASH LAW FIRM have successfully handled thousands of workers’ compensation cases over past 20 plus years. We will get you the medical treatment and full monetary benefits you deserve.
