Oklahoma Workers’ Compensation Lawyer
We put your needs first
When people are injured on the job, it can take days, weeks, months, or longer for them to recover and return to the workplace.
During this time, the bills don’t stop coming and your needs, as well as those of your family, can’t be paused. In pain, out of work, and coming to terms with the accident’s long-term effects, the pressure on you is immense.
Often, your best course of action, in a situation like this, will be to file for workers’ compensation. This state-run program provides money for accident-related medical care and partial wages for employees who are hurt or made seriously ill on the job.
Workers’ compensation cases in Oklahoma might seem straightforward on the surface, but they can be extremely complicated. Employers can be unresponsive. Government agencies can be confusing. Insurance companies can be combative.
Don’t let large corporations dictate what happens to you. Fight back. Contact us.
It doesn’t matter what field you’re in — oil drilling, coal mining, food processing, transportation, energy, aviation, retail, restaurants, manufacturing, etc. — employers are required to provide safe work environments.
When you have an experienced workers’ compensation attorney on your side, you can take an aggressive approach right from the start. At Lawter & Associates, PLLC, our workers’ comp lawyer Timothy S. Reese wants to hear from you. Attorney Reese can help you decide the best course of action for your claim.
Oklahoma City Workers’ Comp Attorney Testimonial - Laney
"Lawter worked on my behalf even after my case was settled."
The Lawter & Associates difference
Most employees in Oklahoma are covered by workers’ compensation. But until you need it, most people don’t know much about their right to this benefit.
Lawter & Associates, PLLC, helps people get the most money for their workers’ compensation claims. Whether you belong to a union, are a contract, part-time, or full-time employee, you may be eligible to file for workers’ compensation.
Our law firm knows how the system works and how the Oklahoma Workers’ Compensation Commission views applications. Over the last 40 years, Lawter & Associates, PLLC has built up the experience and knowledge necessary to help injured and disabled workers file thousands of successful workers’ comp claims in Oklahoma and Tulsa counties as well as Cleveland, Canadian, Comanche, Rogers, and across the state.
Get justice. Contact us today.
When you have Lawter & Associates, PLLC represent your workers’ compensation claim, you can expect professional service and attention to detail, responsiveness, and respect. In pursuit of your successful claim, you can count on our legal team to
- Review accident and inspection reports
- Check employer logs, surveillance footage, witness accounts
- Consult with experts
- Conduct a thorough investigation of the accident and employer
- Investigate past incidents and grievances for patterns
- Negotiate directly with insurance companies and employers
- File a lawsuit, if necessary
- Take other legal action on your behalf, if necessary
You are likely only going to get one shot at getting worker’s comp. To address your claim, your employer, the workers’ comp commission, and insurance companies all have their own lawyers arguing in their best interests. Don’t be the only one at the negotiation table without legal representation.
Frequently asked questions about workers’ compensation in Oklahoma
Workers’ compensation is one of those things that most people are aware of, but don’t know much about. So, after an injury, a lot of injured employees want to get up to date on the Oklahoma’s Workers’ Comp program — fast. The following are some questions our firm is often asked about workers’ comp. The answers provide general information that may not be applicable to your case. To learn more about how the law applies specifically to you, contact Lawter & Associates for a free legal case review.
- What is workers' compensation?
- How does workers’ comp work?
- How do you file a workers’ comp claim?
- What should I do if I'm injured on the job?
- What injuries are covered by workers' compensation?
- Who determines if I'm eligible for workers' compensation?
- How is workers’ compensation calculated?
- Is there a time limit for notifying my employer I've been injured at work?
- When will workers’ comp offer a settlement?
- What benefits am I eligible for if I'm hurt at work?
- How much does workers’ comp pay?
- Who pays for workers' comp?
- How long does workers’ comp last?
- Can I choose my own doctor if I'm injured at work?
- Can I file an appeal if my benefits are denied?
- What if a doctor determines I should return to work, but I'm still injured?
- Am I entitled to workers' compensation if I'm disfigured at work?
- What if my injury prevents me from doing any type of work?
- Why should I hire Lawter & Associates for my workers' compensation claim?
What is workers' compensation?
Employers in Oklahoma must provide workers' compensation coverage to employees in case they become ill at work or sustain an injury there. By law, workers' compensation benefits must provide financial compensation to workers for various expenses, including:
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When a workplace injury is reported, the employer should immediately notify their insurance carrier and request that medical benefits begin promptly. If you are unable to work, they should make sure you are paid weekly benefits after a three-day waiting period.
Many employers choose to act like ostriches and stick their heads in the sand. They do not start medical and lost wage benefits immediately. If the employer or their carrier fails to provide these benefits promptly, you may need a lawyer to request a hearing. Most times, hiring an attorney and requesting a hearing gets things moving in the right direction, and you obtain the benefits without a trial.
How do you file a workers’ comp claim?
Filing a workers’ compensation claim in Oklahoma typically starts by reporting the injury to your employer as soon as possible. Delays in reporting can sometimes create issues with your claim, so timely notice is important. After that, your employer should provide the necessary forms or direct you to their insurance carrier.
Once the claim is filed, medical documentation plays a key role in establishing the extent of your injury and your need for treatment. From there, the insurance company will review the claim and decide whether to approve benefits. The process can move more smoothly when documentation is clear, consistent, and supported by medical records from the beginning.
Unfortunately, many employers and their insurance carriers don’t have a sense of urgency and try to slow-play you, hoping you will “disappear.” Don’t let this happen to you. Get an experienced attorney to get your case back on track.
What should I do if I'm injured on the job?
We strongly recommend taking the following steps if you sustain an injury or illness on the job:
- Notify your employer you were hurt or sustained an illness at work
- Seek immediate medical attention. If your employer neglects to send you to a doctor, seek immediate medical attention at a nearby emergency room.
- Write down details about your injury or illness
- Take photographs of your injury or illness if visible
- Schedule a follow-up appointment with your doctor
- Contact us. Our experienced workers comp lawyers can help you.
What injuries are covered by workers' compensation?
Workers' compensation covers a wide range of injuries and illnesses sustained by people at work. Some of the most common injuries include:
- Broken bones — Breaks to fingers, wrist, pelvis, vertebrae (back, spine), clavicle, tibia, fibula, ulna, radius, or neck are common at-work fractures
- Head injuries
- Shoulder problems
- Spinal cord injuries
- Surgery because of a work-related injury
- Work-related heart attack
- Hearing loss
- Hematoma
- Injured tendons
- Carpel tunnel syndrome
- Re-injuries at work
- Rotator cuff pain
- Injuries from repetitive motions or trauma
Who determines if I'm eligible for workers' compensation?
Initially, your employer will decide whether you will receive workers’ compensation benefits. However, doctors and insurance companies often play a role in determining whether an injured or sick worker can get into the program.
How is workers’ compensation calculated?
Workers’ compensation benefits are typically calculated using your average weekly wage for the 52 weeks preceding the injury. This should include bonus and overtime pay. There are other exceptions where, in rare cases, an experienced attorney can help you increase the rate until you exceed the maximum cap set by law.
At the conclusion of treatment, you will most likely be entitled to a settlement even if you return to work. Most injured workers can receive an award for permanent partial disability to compensate them for the permanent damage done, even if they return to the same job. In more severe cases, where the worker cannot return to work following an injury, there are vocational benefits that could be awarded to return the worker to gainful employment. Sometimes, however, the injury is so severe that the worker is permanently and TOTALLY disabled, in which case they would receive benefits until they reach Social Security retirement age.
These benefits are over and above 100% of your medical costs being paid by the workers’ compensation carrier.
Is there a time limit for notifying my employer I've been injured at work?
Yes. You should notify your employer within 30 days of your workplace injury or illness. Failure to give notice of the accident to the employer or seek medical attention within 30 days could result in the loss of workers' compensation benefits. Hernias have special requirements that require 5-day notice.
When will workers’ comp offer a settlement?
Settlement offers can occur at any stage of the case. However, most are offered once your condition stabilizes and the doctors have released you from care. At the conclusion of the case, if the carrier doesn’t make you an acceptable offer, a short hearing can be held and the judge will decide what benefits you are entitled to receive. No case is exactly the same, but an experienced law firm can keep the case on track so that you receive the settlement you are entitled to under the law as soon as possible.
What benefits am I eligible for if I'm hurt at work?
An injured worker is entitled to receive 100 percent 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. In addition, you might be entitled to lost wages during the time a doctor takes you off work, permanent partial disability if you do not fully recover, vocational retraining and other miscellaneous benefits.
How much does workers’ compensation pay?
Workers’ compensation in Oklahoma generally replaces a portion of your lost wages rather than your full income. In most cases, wage loss benefits are calculated at about 70% of your average weekly wage, subject to state limits. This is intended to help cover essential expenses while you are unable to work due to a job-related injury.
In many cases, weekly benefits often fall within a range of roughly $500 to a little over $1,000 per week, depending on your pre-injury earnings and the type of disability involved. These payments are not indefinite and typically continue only while you are medically unable to return to work or until your condition reaches a point of stability under the workers’ compensation system.
Medical treatment related to the injury is generally covered in addition to wage benefits, which can make a significant difference in the overall financial support available during recovery.
The exact amount and duration vary from case to case, depending on the severity of the injury, your ability to work, and how your medical condition progresses over time.
The employer is, by law, 100 percent responsible for providing benefits. Under the Workers’ Compensation Act, the employer pays the entire premium for workers’ compensation insurance, and there are no co-pays, deductibles, or other out-of-pocket expenses for the injured worker. The employer provides benefits directly (self-insured) or indirectly through a workers’ compensation insurance company.
Can I choose my own doctor if I'm injured at work?
Yes and no. Your employer has the right to choose your initial doctor. They must do this within 7 days of learning of your injury. If you want a different doctor, the law allows injured workers the right to file a motion in court to change physicians.
Can I file an appeal if my benefits are denied?
Yes. Any decision of the court or Workers' Compensation Commission is subject to appeal.
What if a doctor determines I should return to work, but I'm still injured?
If a doctor rules that you are fit for work but you do not feel ready to return to work, you can request to have a second doctor diagnose you. However, receiving permission to have another doctor examine you can sometimes be challenging. That's why it's important to have an attorney on your side.
Am I entitled to workers' compensation if I'm disfigured at work?
Yes. 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 Workers Compensation Act.
What if my injury prevents me from doing any type of work?
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) until your normal social security age, or 15 years, whichever is greater, or until you are capable of returning to some type of gainful employment.
Why should I hire Lawter & Associates for my workers' compensation claim?
Workers’ compensation cases can be very complicated. Don’t take chances with your future. Put your trust in a law firm with more than 40 years of experience successfully handling workers’ compensation claims in Oklahoma. Contact us.
We know what evidence to look for, and we have the case results to prove it. Read our testimonials to learn more. In case after case, we have consistently helped people get the compensation they deserve for their workplace injury or illness.
Put your trust in us. Contact Lawter & Associates, PLLC, and schedule a free case evaluation today. Best of all, you only pay fees if you win. That’s because we work on a contingency fee basis. Call our Oklahoma City office at (866) 584-1027 or our Tulsa office at (866) 584-1028 now.
Lawter & Associates, PLLC
Oklahoma City, OK 73118
Phone: (405) 525-4131
Lawter & Associates, PLLC
Tulsa, OK 74136
Phone: (918) 496-9577