At the Stipe Law Firm we have represented thousands and thousands of injured workers over the years. We maintain one of the largest workers' compensation practices in the State of Oklahoma. We have some lawyers who practice nothing but workers' compensation law.
Workers who are injured on the job have very important and valuable rights. If a person is injured on the job, their employer and/or workers' compensation insurance carrier must provide prompt and adequate medical attention and treatment. They must pay for all reasonable and necessary treatment, surgery, rehabilitation, medication and therapy. If an injured worker has to travel out of town to get medical treatment, mileage reimbursement must be made.
If an injured worker is unable to return to the same type of work after he has been released by the doctor, then the employer and insurance company must make arrangements for vocational rehabilitation and training.
In addition, if an injured worker is unable to work because he is under the care of a doctor, that worker is entitled to draw "temporary total disability"(TTD) payments in an amount equal to 70% of the average weekly wage of the employee, up to a maximum of $473.00 per week. Once the worker has been released to return to work, even if it is light duty, the obligation to pay TTD comes to an end.
After the injured worker is released from medical care, he is entitled to be evaluated for permanent impairment or disability. This evaluation is usually performed by one doctor selected by the employee's lawyer and one doctor selected by the insurance company. If the employee does have permanent injury, and the employee and insurance company agree on the extent of the disability, then the parties may enter into a settlement, known as a Joint Petition, where the insurance company pays a certain amount to the employee and the employee gives the employer and insurance company a full, final and complete release of all claims for any benefits that person may have under the workers' compensation laws for that particular injury.
In the event the parties are unable to agree on a settlement, then a Judge of the Workers' Compensation Court schedules a hearing or trial. The injured worker is allowed to testify and tell the judge about his injuries and limitations. The insurance company is allowed to have witnesses testify also. Both sides submit the medical reports of their doctors. The judge then takes the case under advisement and writes an Order. In the Order, the Judge will make certain rulings or findings, and if appropriate, make an award of permanent disability in favor of the injured worker.
The statute of limitations for a workers' compensation claim is two years from the date of injury. However, an employee who is injured on the job is required to notify the employer within thirty days or seek treatment for the injury within thirty days. Failure to give notice or seek treatment may result in the claim being denied.
Special rules apply when an injured workers makes a claim for "cumulative trauma" injuries, that is, injuries to the hearing, heart, lungs etc. that occur over a period of time. It is important to know what these rules are so that valuable rights will not be lost.
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