On The Job Injuries

Injuries Occurring Inside & Outside Oklahoma

COVERAGE FOR ON-THE-JOB INJURIES OCCURRING INSIDE OKLAHOMA

To be clear-ANY WORK RELATED INJURY WHICH OCCURS WITHIN THE STATE OF OKLAHOMA IS COVERED BY THE OKLAHOMA WORKERS’ COMPENSATION ACT–regardless of the principal location of the employer and the residence of the injured employee. No matter how sporadic the task being performed at the time the employee was injured or how miminal the contacts the employer or employee have with the state of Oklahoma–if the accident which forms the basis of the employee’s injury occurs within the confines of the state of Oklahoma, The Oklahoma City and Tulsa Workers Comp Court, upon election of the injured worker &/or his or her attorneys or lawyers, has jurisdiction to award Oklahoma Work Comp benefits to the hurt employee.

COVERAGE FOR WORK INJURIES OCCURRING OUTSIDE OKLAHOMA

To be clear-THE OKLAHOMA WORKERS’ COMPENSATION COURT HAS FULL JURISDICTION OVER WORK-RELATED INJURIES OCCURRING OUTSIDE OKLAHOMA WHERE THE LAST ACT NECESSARY TO COMPLETE THE INJURED EMPLOYEE’S CONTRACT OF HIRE WAS PERFORMED IN OKLAHOMA: The Oklahoma Workmans Compensation Act applies to employers and to employees, irrespective of where the workers’ accident resulting in injury may occur, whether within or without the territorial limits of the state of Oklahoma, when the contract of employment was entered into within the State of Oklahoma, and the injured employee was acting in the course of such employment and performing work outside the territorial limits of Oklahoma under direction of such employer. In such case the injured employee, his or her attorney or lawyer–may elect to commence and maintain his action for benefits and compensation in the State of Oklahoma as provided in the Workmans Comp Act and the Oklahoma City &/or Tulsa Workmens Compensation Courts are vested with jurisdiction as fully as if such injury or accident had occurred within the state of Oklahoma.

NOTE: For purposes of the Oklahoma Workers’ Compensation Act, all contracts of employment for state, county, municipal, and state funded educational entities and public trusts in Oklahoma will be considered to have been entered into in Oklahoma regardless of where the work is performed.

SETTLEMENT IN ANOTHER STATE BARS OKLAHOMA WORK COMP CASE

A FINAL DETERMINATION OR SETTLEMENT OF AN INJURED EMPLOYEE’S WORKERS’ COMPENSATION CASE IN ANOTHER STATE SHALL BAR ANY WORKMENS COMP PROCEEDING BROUGHT IN THE STATE OKLAHOMA: An injured employee’s exercise of his or her lawful right of election to file his or her case with the either the Tulsa or Oklahoma City Workers Comp Court will not preclude the injured employee from recovering any work comp benefits or compensation under the laws of the state where the employee’s injury occurred. However– if a workmans compensation case is filed and otherwise commenced in a state other than Oklahoma by an injured worker &/or his or her attorneys or lawyers, or under the law of another state, and is prosecuted to a final determination &/or settlement, the injured employee &/or his or her lawyer or attorney, will be precluded from his or her right of action under the Oklahoma Workmans Comp Act.

RIGHT TO FILE IN OKLAHOMA WHERE BENEFITS PAID IN OTHER STATE

AN INJURED EMPLOYEE HAS THE RIGHT TO FILE A CLAIM UNDER THE OKLAHOMA WORKMENS COMPENSATION ACT WHERE COMPENSATION & BENEFITS HAVE ALREADY BEEN PAID IN ANOTHER STATE: As indicated above–an injured employee &/or his or her attorneys or lawyers may exercise his or her right of election to file his or her Oklahoma Workmens Comp case at any time prior to final adjudication or determination of his or her rights under the laws of another state, and the fact that he or she shall have been furnished or provided with medical, surgical, hospital or other treatment care, or paid temporary disability compensation in such other state, or under the laws thereof, shall not preclude such injured employee from recovering further benefits and compensation under the Oklahoma Workers’ Compensation Act.

CREDIT GIVEN FOR BENEFITS & COMPENSATION PAID IN OTHER STATE

EMPLOYER TO BE GIVEN A CREDIT FOR COMPENSATION & OTHER BENEFITS PAID TO AN INJURED WORKER IN ANOTHER STATE PRIOR TO FILING WORKERS COMP CASE IN THE STATE OF OKLAHOMA: No award, judgment or order made by either the Oklahoma City &/or Tulsa Work Comp Court which provides benefits to an injured employee can include any compensation or other benefits previously paid by the employer &/or its insurance company to the hurt worker before commencement of the action or proceeding in the Oklahoma Workmans Compensation Court–and any benefits or other workmans comp previously paid before the injured employee &/or his attorney or lawyer filed his or her case in the Oklahoma Workmens Compensation Court will be properly treated as compensation voluntarily paid by the employer &/or its insurance company and shall be considered a credit to the employer and its insurance company and credit therefor will be allowed.