Trusted Oklahoma City
& Tulsa Workers Compensation Lawyer
Most employees in Oklahoma are covered by Workers’ Compensation law, but many do not know or understand their rights. Lawter & Associates, PLLC has the experience to help workers who have been injured or disabled on the job. Our lawyers file hundreds (or over the years we have filed thousands) of Oklahoma Workers’ Compensation cases each year for people who sustain injuries at work, including surgeries, heart attack, hearing loss, carpel tunnel, re-injuries, and injuries from cumulative trauma. Whether you work in Oklahoma City or Tulsa, or anywhere across Oklahoma we have the expertise to pursue your workers comp claim.
If you suffer an injury at work, your injury must be reported to your supervisor or doctor within 30 days from the date of the injury or seeking medical attention. Depending on the injury, you may have up to two years to file a Workers’ Compensation claim, or within six months of termination (unless you are a minor or legally incompetent). However, you must have reported the injury within 30 days of the incident. This requirement can be waived under certain circumstances. Contact our Oklahoma City or Tulsa workers' compensation lawyers of Lawter & Associates for more information.
Our offices in Tulsa and Oklahoma City make us the convenient choice for workmans comp legal expertise for the employed across the state of Oklahoma.
Possible Workers’ Compensation benefits include:
- Weekly checks if you cannot work
- Medical bills completely paid, with no deductibles to meet
- Rehabilitation and/or job training
- Partial disability awarded if you are still able to work
- Lifetime benefits granted if you are permanently and totally disabled
- Death and survivor benefits for your spouse and dependants
As Oklahoma City and Tulsa Workers Compensation Lawyers, we are often asked for advice or knowledge on Oklahoma workers compensation law and practice. Please review the most frequently asked questions below. Don't hesitate to call us with any additional questions.
Workers Comp FAQs
Q. What should I do if I am injured on the job?
A. It is important for you to give an accurate and extensive description of the accident to your own medical providers. If a dispute arises as to how, when, or if you sustained an injury as a result of a work-related accident, a detailed and accurate description of the accident given to your medical providers could substantiate your claim. You must also notify your employer of a work-related injury. The Workers’ Compensation Act provides that an injured worker must report any accident to the employer or supervisor (foreman, superintendent, company nurse, etc.). Notification, oral or written, must be given within thirty (30) days of the accident, however if you seek medical attention within this time this requirement is removed.
There are four important factors an injured worker should remember about the "notice" provisions of the Act:
- Informing a co-worker of an accident is not considered proper notice under the Act. You must notify your employer or an employee working in a supervisory capacity. Give notice of the accident to your employer as soon as possible after the accident, regardless of the fact that the Act allows thirty (30) days.
- If possible, put notification of your accident in writing, even though it is not required by the Act. Never sign a blank accident report form, and retain a copy of the completed accident report.
- Failure to give notice of the accident to the employer or seek medical attention within thirty (30) days could result in the loss of all benefits and rights under the Act.
- If you did not give this notice to your employer or seek medical attention within the time outlined above, you may still be able to file your claim you should contact an experienced attorney as soon as possible to protect your rights.
Contact Lawter & Associates, PLLC for a qualified and experienced Tulsa or Oklahoma City workers compensation attorney to ensure you receive the benefits to which you are entitled.
Q. What medical benefits does the Act provide to a worker who has sustained an on-the-job injury?
A. An injured worker is entitled to receive 100% of “all necessary and reasonable medical expenses incurred as a result of a job-related accident.” These expenses include first aid, emergency room services, hospital care (inpatient/outpatient), doctor’s fees, prescriptions, etc.
Your employer has the right to choose your initial doctor. They must do this within three (3) days of learning of the injury, otherwise, you can go to any physician you choose at their expense until they have made the selection.
The law allows the injured worker to file a motion at the court to change their physician. The employee and employer must agree on the second opinion or the Court will select a new doctor.
An injured worker does NOT have to have prior authorization to obtain emergency treatment at his or her employer’s expense.
Workers can also be entitled to travel expenses if they must travel from their home town to obtain medical care.
Q. Who is responsible for providing the benefits under the Workers’ Compensation Act?
A. The employer is, by law, 100% responsible for providing benefits. Under the Act there are no copays. The employer provides benefits directly (self-insured) or indirectly through a Workers’ Compensation insurance company. You cannot be charged for benefits provided by the Act or any portion of your employer’s Workers’ Compensation insurance premium.
Q. What injuries are covered by the Act?
A. According to the Act, any worker who has sustained an injury “arising out of and in the course of their employment” has a potential claim. Any injury you sustain at work or as a result of your duties may be covered under the Act. Injuries can be from a sudden specific event or they can be caused by repetitive trauma.
Q. What if I re-injure a previously injured part of their body or aggravate a pre-existing physical condition? Do I still qualify for benefits under the Workers’ Compensation Act?
A. If you sustain a work-related injury to a previously injured part of your body, you may be eligible for Workers’ Compensation benefits, regardless of whether the previous injury was work-related. Similarly, if you have an accident which aggravates or accelerates a pre-existing physical condition (arthritis, congenital back condition, etc.), you are still entitled to all the rights and benefits provided by the Act.
Q. Am I entitled to compensation if my on-the-job injury causes disfigurement?
A. If you suffer a serious and permanent disfigurement, such as a scar or burn, to the head, face, neck, arms or legs as a result of a work-related injury, you are entitled to benefits under the Act.
Q. What if I am unable to return to my usual trade or profession after my doctor has exhausted all forms of treatment?
A. If you can no longer work in gainful employment, the Workers’ Compensation Act provides for up to two (2) years of training at a vo-tech or college.
Q. What if my injury prevents me from returning to any type of work?
A. Under the Act, if you are unable to return to “any type gainful employment” you are considered totally and permanently disabled. You would be entitled to weekly benefits at your T.T.D. (Temporary Total Disability) rate for life, or until you are capable of returning to some type of gainful employment.
Q. What do I do if I am not receiving the benefits to which I am entitled under the Act?
A. If you are under active medical treatment and unable to work pursuant to your doctor’s instructions, and you are not receiving your benefits, you have the right to a hearing. At the hearing, you have the opportunity to present medical evidence and witnesses in support of your claim for Workers’ Compensation benefits.
At this hearing, an experienced attorney will be defending the claim on behalf of the employer’s insurance company. You need a qualified, knowledgeable Workers’ Compensation attorney defending your rights and ensuring you receive the benefits to which you are entitled under the Act. The Oklahoma City and Tulsa workers compensation attorneys at Lawter & Associates, PLLC will work for you.
Why Choose A Lawter Law Attorney?
-
30+ years of Oklahoma workers compensation experience
- Lawyers of integrity: honesty, reliability and trust
- Our attorneys are dedicated to a quick and smooth process
- A free legal consultation in our office or at your home
Still not convinced? Read some of our 50+ client testimonials or call:
Tulsa Workers Comp Attorney - 1.800.239.9202
Oklahoma City Workers Comp Attorney - 1.800.238.4797