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On The Job Injuries

Oklahoma Workers’ Compensation Retalitory Discharge Claims

o one is ever openly fired or terminated for getting hurt on the job, filing an Oklahoma Workers Compensation case, or hiring an attorney or lawyer to assist him or her in prosecuting his or her workers comp case.  However, it is no coincidence that long time and hard working Oklahoma City & Tulsa area employees with good work histories and little or no disciplinary actions find themselves being harassed, fired, demoted, discharged or experiencing other types of negative employment action shortly after having an on-the-job injury, filing an Oklahoma work comp case, or even hiring attorneys or lawyers to help him or her with the filing and prosecution of his or her workmans compensation injury case.  The rationale as given by the offending employer is usually some trivial or contrived ‘offense’ suprisingly not related to the recent injury or workmans comp case filing.

Oklahoma law firmly protects Tulsa area workers from wrongful termination and retalitory discharge for participating in any way in a workmens compensation case, whether as the injured party or even a witness in a workmens comp proceeding.  The protection from harassment and discrimination by the offending employer is broad and applies to the following actions specifically enumerated by the Oklahoma Workers Compensation statute:

  • filing a claim with either the Oklahoma City or Tulsa Workers Comp Court
  • retaining a lawyer or attorney for representation regarding an on-the-job injury or work comp claim
  • instituted or caused to be instituted any proceeding under the Oklahoma Workmans Compensation law
  • testified or is about to testify in any proceeding under the Oklahoma Workmans’ Comp law

The protection of Oklahoma workmens compensation law also extends to a provision preventing an employer from firing, discharging or otherwise terminating an Oklahoma City or Tulsa area employee while such worker is under medical treatment and drawing a temporary total disability (“TTD”) check and further provides that no employer may discharge an employee for the purpose of avoiding payment of temporary total disability benefits to the injured employee*.

*NOTE: Although generally an injured worker cannot be terminated or fired while receiving a check, The Oklahoma Workers’ Compensation Act is clear in stating that after an employee’s period of TTD has ended, no employer is forced to rehire or retain such employee who is determined to be physically unable to perform assigned duties and that the failure of an employer to rehire or retain any such employee shall in no manner be deemed a violation of the Oklahoma Workers’ Compensation Act.

According to Oklahoma law a worker wrongfully discharged, terminated or fired for getting injured or otherwise exercising his or her rights under the Oklahoma Workmens Comp Act is entitled to a substantial money damage award &/or settlement for his or her actual damages and even punitive damages in the proper case.  However, exemplary or punitive damage awards made pursuant to this law cannot exceed One Hundred Thousand Dollars ($100,000.00).  A worker or employee wrongfully discharged or terminated under Oklahoma law for getting hurt, filing an Oklahoma workers compensation claim or prosecuting a workers comp claim is entitled to reinstatement to his or her former position as well. Violations of Oklahoma law prohibiting employers from discriminating against injured workers for exercising their rights under the Oklahoma Work Comp Act are prosecuted by the hurt worker &/or his or her attorney or lawyer in the Oklahoma District Courts, not the Oklahoma City & Tulsa Workmans Compensation Court.  Most importantly, an injured worker victimized and otherwise retaliated against, fired or terminated by an employer for being injured or pursuing his or her workmans comp case can and will ask for and demand that his or her case be decided by a jury of his peers, as opposed to a judge.

Except as otherwise provided by State of Federal law an employer may inquire about previous workers’ compensation claims paid to an employee while the employee was employed by a previous employer.  If the employee fails to answer truthfully about any previous permanent partial disability awards or settlements made pursuant to workers’ compensation claims, the employee shall  be subject to discharge by the employer.

If you feel you have been discharged, terminated, fired or otherwise been discriminated against for getting hurt on the job, filing a workmens compensation case with either the Oklahoma City or Tulsa Workmens Comp Court, missing or failing to show up for light-duty or other work as a result of your injury, hiring a lawyer or attorney, testifying or offering information as to your own or another person’s workers compensation case, please contact one of our attorneys or lawyers at THE ASH LAW FIRM for a full evaluation of your claim.

In addition to Oklahoma Workers’ Compensation Retalitory Discharge Claims THE ASH LAW FIRM handles workers’ comp, on-the-job and work related injuries of all kinds, and serves the entire state of Oklahoma including the following areas: Adair, Arkoma, Bartlesville, Beggs, Bixby, Broken Arrow, Catoosa, Claremore, Coweta, Cushing, Drumright, Eufaula, Glenpool, Henryetta, Jay, Jenks, Ketchum, Langley, Locust Grove, McAlester, Miami, Morris, Mounds, Muskogee, Nowata, Okmulgee, Owasso, Pawnee, Poteau, Pryor, Sallisaw, Sand Springs, Sapulpa, Shawnee, Skiatook, Sperry, Stillwater, Tahlequah, Tulsa, Vinita, and Wagoner.