Oklahoma’s Administrative Workers’ Compensation Act applies to most employees in the state. While there are exceptions, if you’ve been hurt in a work-related incident, you’re likely eligible for workers’ compensation benefits.
Under Oklahoma law, you can pursue these benefits by filing a claim with your employer’s workers’ compensation insurer. But how are workers’ comp settlements calculated in Oklahoma? And how does the workers’ comp settlement system work? The process involves determining what covered losses you sustained in a work-related injury and adding them up accordingly.
How Does a Workers’ Comp Settlement Work?
Workers’ comp protects workers and employers. If you suffer work-related injuries, you may file a claim to seek financial compensation for losses like medical expenses and lost wages. Your employer’s workers’ comp insurer is responsible for paying you benefits, which will cover your necessary medical care, offset a portion of your missing paycheck, retrain you if your injuries necessitate a career change, and protect your loved ones if your injuries prove fatal.
The workers’ comp system prevents workers from suing their employers, but it also provides benefits without the injured worker needing to prove their employer was at fault for their injuries. (Oklahoma has workers’ comp settlement charts to explain the benefits.)
Eventually, you may be entitled to settle your workers’ comp claim, which our experienced workers’ compensation lawyers can help you explore. Here’s how that process plays out:
- Determination of Permanent Impairment – If the injury results in a permanent impairment, a determination will be made regarding the degree of impairment once the injured worker has reached maximum medical improvement, or the point at which further medical care will not meaningfully improve their condition. Impairment is established through medical evaluations and is critical for calculating the settlement amount.
- Settlement Negotiations – Once there is a clear understanding of the injury’s long-term impacts, settlement negotiations can begin. The worker’s lawyer and their employer’s insurer will consider the body parts affected, any future medical costs, and how the impairment might affect the worker’s job prospects. Both parties must agree to the terms of the settlement, which the Workers’ Compensation Commission must then approve.
- Settlement Approval – The proposed settlement is submitted to the Oklahoma Workers’ Compensation Commission for approval. This step ensures the settlement is in the injured worker’s best interest while being fair to their employer. The Commission reviews the agreement to ensure it complies with state law and adequately covers the worker’s needs.
- Receiving the Settlement – Once approved, the settlement is finalized, and the agreed-upon compensation is distributed to the injured worker. It may be paid out either as a one-time, lump-sum settlement or as a structured settlement with regular payments over a specified time period. This marks the end of the workers’ compensation claim process, and the worker typically waives the right to any future claims related to the injury by accepting the settlement.
Remember, the settlement process is the very last part of workers’ compensation cases. Before you get to that point, you will have been receiving medical care and getting paid temporary wage-loss benefits to aid in your recovery and help you make ends meet.
Temporary Disability Benefits in Oklahoma
Job-related injuries might result in workers being unable to return to work during their recovery. If they can’t work, they may not earn wages. Workers’ comp may include temporary disability benefits in these circumstances. Said benefits replace a portion of the worker’s lost wages in the following ways:
- Temporary Total Disability (TTD) – TTD benefits offer compensation equal to 70 percent of a worker’s average weekly wages when they’re completely unable to work due to work-related injuries. TTD benefits can’t exceed the state average weekly wage and can only last for a maximum of 156 weeks.
- Temporary Partial Disability (TPD) – A worker’s injuries may prevent them from doing their job while they recover, but it might not prevent them from accepting other work an employer offers. That other work might not pay as well. During the period when a partially disabled worker is earning less than usual, TPD may pay 70 percent of the difference between their pre-injury average weekly wages and their current average weekly wages, also not to exceed the state average weekly wage.
Permanent Disability Benefits in Oklahoma
A workplace accident may result in permanent injury and inability to resume previous job duties, in which case the following benefits may be available to injured workers:
- Permanent Partial Disability (PPD) – Once the worker has reached maximum medical improvement, their doctor may assign them a disability rating based on the severity of their injuries. If a worker receives PPD benefits, they may receive up to 70 percent of their pre-injury average weekly wages (not to exceed $360 per week). The disability rating they receive from a doctor will determine how much these benefits are ultimately worth. For example, a disability rating of 10 percent is equal to the equivalent of 36 weeks during which a worker is eligible for PPD benefits.
- Permanent Total Disability (PTD) – If someone can’t work at all because of workplace injuries and will be unable to work again in the future, they may receive up to 70 percent of their pre-injury average weekly wages (not to exceed the average weekly wage throughout the state) for either 15 years or until they reach Social Security retirement age, whichever is longer.
Factors That Affect Workers’ Comp Settlements
Workers’ comp settlements are calculated by accounting for many factors. They include:
- Injury severity
- Medical treatment
- Pre-injury wages
- How long a worker can’t work during their recovery
If the settlement you’re offered isn’t fair, you can reject it and negotiate for a better one with the help of an experienced workers’ comp lawyer.
Contact Our Oklahoma Workers’ Compensation Attorneys to Learn More
Pursuing a workers’ comp settlement can be a complex process. You may simplify it by hiring a lawyer to represent you. An Oklahoma workers’ compensation attorney with Ryan Bisher Ryan & Simons can help you with everything from documenting the nature of your injuries to negotiating a fair settlement for what you’ve suffered. Learn more by contacting us online for a free case review.
We are Ryan Bisher Ryan & Simons, a legal firm that, for decades, has been fighting for the rights of hardworking Oklahoma residents. Our mission is to hold the powerful accountable.
