Nearly 50,000 Oklahomans are hurt at work each year.
Workers’ compensation is a politically charged subject in Oklahoma, and because of that, rumors and misinformation often make it difficult to understand what’s true and what’s not. Navigating the Oklahoma workers’ comp process is also lengthy and difficult.
Gary G. Prochaska has spent his legal career fighting for injured workers. He clears up some misinformation by explaining how workers’ compensation finances work.
Q: How much are benefits for temporary total disability?
Injured workers can receive up to 70 percent of their weekly income for up to 104 weeks, which is two years. In Oklahoma, the maximum temporary total disability payout is $596.03 a week, for date of accident from November 1, 2016 or thereafter.
Q: How much are benefits for permanent partial disability?
The amount you are paid for partial impairment depends on your injury or disease. You can receive 70 percent of your income up to $323 per week.
Q: How much do I receive if I lost a limb or other body part?
Each state sets its own limits for benefits for the loss or permanent disability of a body part, and the amount varies depending on the body part. For example, in Oklahoma, the maximum benefits for a lost hand are $323 a week for 220 weeks — a total of $71,060. That’s not much for a lifetime without a hand.
Q: How much does my family get if I die from a work injury?
Death benefits depend on if you are married and if you have children. Spouses receive a lump sum of $100,000, and children receive $25,000 per child (max. total of $50,000). Your family will also receive up to $10,000 for funeral expenses. Also, your surviving spouse and children will receive weekly benefits. Your spouse will receive up to $596.03 a week. Each child can receive up to $127.72 per week until age 18; benefits can continue until age 23 if the child is a full-time student.
Q: What are the fees for workers’ comp attorneys?
The fee for workers’ compensation attorneys in Oklahoma is 20 percent of the amount awarded for permanent disability and 10 percent for temporary disability. That amount is set by state law. Politicians and insurance companies who work to chip away at workers’ rights claim that workers’ comp attorneys are the ones who walk away with all the money. That’s simply not true. With a rate of 20 percent, workers’ comp attorney fees are lower than most other cases.
If you’ve been hurt at work, report your injury, get medical treatment and seek out a lawyer if you need one. Contact the experts at Laird Hammons Laird if you need a law firm that will fight for you.
Steven Broom was laying pipe while working on a high school stadium when a trench collapsed, burying him up to his neck in dirt. By the time he was rescued, Broom was severely hurt with rib fractures, collapsed lungs and other injuries.
When he was hurt, he was a temporary worker for Labor Ready. Labor Ready sent him to work for Wilson Paving & Excavation on the stadium project in Sand Springs, Oklahoma. Fortunately, Labor Ready had workers’ compensation that covered some of Broom’s injuries. Because Broom was a contract worker, Wilson Paving’s workers’ compensation plan did not provide any coverage at all for him.
But after a nearly eight-year court battle, the Oklahoma Supreme Court agreed Broom was entitled to collect for the remainder of his damages awarded in his lawsuit for negligence against Wilson Paving.
Nearly 3 million people suffer from work-related injuries every year. Some are so severely injured their lives are never the same again. Thousands of those injuries happen in Oklahoma. Most of the time, Oklahoma employers are required to provide workers’ compensation insurance for their employees. But workers’ comp doesn’t cover contract workers, so there are no benefits at all to independent contractors who are injured while on the job — no matter how badly they’re hurt.
If you are a contract worker who was injured on the job, don’t give up. There are remedies you can pursue that may provide you benefits under workers’ comp, or you may be entitled to even greater compensation if you can prove the business that hired you was negligent and that the negligence caused your injury.
Business Owners Can Be Sued for Negligence
Like Steven Broom, you may be able to collect damages by suing the business you worked for when you were injured. This requires you to prove the owner was negligent and it was that negligence that caused you to be injured and suffer damages.
When workers’ compensation covers your injury, you collect damages without having to prove your employer was negligent. In a lawsuit, you have to prove the business owner or manager you working for were negligent or acted willfully, and the negligence or willful conduct was the cause of your injury. As a result of the injury, you suffered damages.
The bad news is that filing a complaint for negligence and going through the court system will take you longer to collect damages than if you could file a workers’ compensation claim. The good news is that you will not be limited in the amount you will be able to collect as you are with workers’ compensation benefits.
Were You Wrongly Classified as an Independent Contractor?
Occasionally businesses misclassify workers as an independent contractor when they’re actually employees. This is not determined simply by the employer saying you are or aren’t an independent contractor. Each case is considered individually, and the Oklahoma Supreme Court established many factors courts must consider when determining whether a worker is an employee or independent contractor. Some of those factors are:
Why You Need an Attorney
If you are a contract worker who was injured on the job and told you are not covered by workers’ compensation, don’t give up. Think of Steven Broom and his win. A personal injury attorney will know how to present evidence to show that you are an employee and therefore entitled to workers’ compensation benefits. The attorney will analyze your personal situation, the length of time your injury will require you to be off work and other factors to decide the best way to proceed so you can receive the compensation you are owed.
Damien Smith vs Baze Corp. Investments Inc. – The Case That Could Change the Future of Workers’ Comp in Oklahoma
On September 30th, 2015, the case of Damien Smith vs Baze Corp. Investments was heard before the Oklahoma Supreme Court. The outcome of this hearing could determine the future of workers’ compensation laws in Oklahoma, for better or for worse. Here’s what you need to know about the case, and how it affects workers in Oklahoma:
Issues with Workers’ Compensation and Deferral Policy
Damien Smith injured his right knee on the job and his treatment included surgery. Under the new Employee Injury Benefit Act1, injuries are graded in severity according to guidelines from the American Medical Association (AMA). According to the AMA Guides, Smith’s injury was defined as only 1% of his body, so he was awarded less than $1,000. Before the new act, an injury of this type would typically be worth about 20% disability, which is around a $17,500 settlement.
To make matters worse, because Smith decided to return to work, the new act’s deferment clause took away his compensation for every week he worked. In the end, Damien Smith received $0 in workers’ compensation, not only because of the definition of his disability, but because he decided to go back to work. For these reasons, attorneys Gary Prochaska and Bob Burke believe this act is unconstitutional.
The Problem with AMA Exclusivity
Though there are many problems with this act, the two main issues are: 1. the amount of compensation offered exclusively according the AMA Guides and, 2. the deferral policy that punishes workers for returning to work. The AMA Guides have been used for years to evaluate disabilities, but the new act doesn’t allow for any other doctors’ recommendations or diagnoses. Without doctors’ opinions, injuries are categorized based on a general standard defined by the AMA, not based on the worker’s unique injuries. Judges aren’t allowed to even consider medical records or other medical opinions, meaning the judge can’t consider all of the available evidence.
The Grand Bargain Has Been Breached
More than 100 years ago, the Grand Bargain was created to allow workers to have quick access to reasonable settlements in exchange for protecting employers from being sued in district court. Under the new Employee Injury Benefit Act, workers aren’t receiving the benefits they deserve, but still cannot go to district court to sue for a higher settlement. Because the benefits workers are receiving have dropped so far below what is reasonable, the Grand Bargain has been breached.
Why the Act is Unconstitutional
Attorneys Bob Burke and Gary Prochaska believe the Employee Injury Benefit Act is unconstitutional because it
1. prevents the judge from considering all evidence of the worker’s injury, and 2. the deferral of disability punishes workers who choose to return to work.
Possible Changes in Oklahoma Workers’ Compensation
If the Supreme Court decides that none of the act is unconstitutional, this would be a landmark case for the injured workers of Oklahoma. It would make the courts inaccessible for injured workers, simply because it would no longer be feasible for lawyers to take workers’ compensation cases because of the low settlement amounts. Lawyer’s fees would take too much compensation away from the already-low workers’ compensation award. It wouldn’t benefit the worker or the lawyer in this situation.
If the case is won, the future of workers’ compensation laws depends on what the Supreme Court decides is the remedy for the unconstitutional sections. The preferred outcome would be that Oklahoma reverts to the old law and system, but that is an optimistic outcome. Instead, it is possible the court will strike down the exclusivity of AMA Guides’ definition of disabilities, and hopefully strike down the deferral policy.
Though the decision could take months, workers are waiting to try their cases until the Supreme Court speaks. This puts pressure on the Supreme Court to make a decision quickly, as potential cases are pending.
When asked about the outcome of the case, Bob Burke confidently said, “I’ve represented 15 thousand workers, and having written previous workers’ compensation laws in part, I believe they will strike down one or more sections of law which will allow workers to have access to the courts.”
Stay tuned for the blog that will discuss the outcome of the case. Until then, send your thoughts to attorneys Gary Prochaska and Bob Burke, as this case could potentially affect your future!
Injured workers can lose thousands of dollars in medical bills and lost wages, yet many workers fail to file for compensation, paying for workplace injuries out of pocket through ordinary health insurance. To gain the redress you deserve after workplace injuries, it’s important to understand these questions:
What is Workers Compensation?Workers compensation is a form of insurance designed to protect employees from the dangers and health risks associated with their job. Unlike ordinary health coverage, workers comp applies specifically to injuries that result from the workers’ job.
Employers must pay for:
Does my employer offer workers compensation?
Oklahoma requires most businesses to buy workers compensation insurance for their employees, but makes exceptions for:
How has the Oklahoma workers compensation system changed?
As of 1 February 2014, Oklahoma overhauled its workers compensation system, replacing a legal claims process with an administrative system to lower costs and speed up response times. Major changes include:
How do I file for workers compensation payments?
Under the new rules, you can file for compensation using these steps:
If you were injured while on the job, you are owed workers compensation for lost wages due to your injury. The lawyers at Laird Hammons Laird will make sure that you get the full compensation you are entitled to and are treated fairly and with respect during the process. Call us today at (405) 703-4567.
Millions of nonfatal workplace injuries take place every year. If you have found yourself injured on the job, it is imperative that you seek medical treatment immediately. It’s also important that you understand the other various steps that you should take, which will ensure the best outcome possible.
Please keep in mind that the company you work for may or may not have rules in place that you must follow after getting injured on the job. Larger companies tend to be more strict about their policy rules, but still yet, here is a brief overview of the basic steps you need to take.
Report the Injury
The first thing you need to do is report the injury. If it’s a severe injury, simply reporting it to a coworker or supervisor should be sufficient while you make your way to receive medical treatment. Such treatment may be acquired at an onsite nursing or medical office, or if needed, you can call for transportation to a nearby hospital.
If you are not in need of immediate medical attention, you should report your injury to your supervisor or manager. This person should be able to direct you toward the office that you need to visit to fill out appropriate paperwork.
There will likely be much paperwork to fill out, and it’s pertinent that you write down every detail of the injury that you can remember:
Get a Workers’ Compensation Claim Form
Your employer is mandated by law to give you a Workers’ Compensation Claim Form after you have reported the injury. You will need this form to claim your benefits, including loss of wages, funds to cover your medical expenses, etc. If for some reason your employer does not give you this form, you will need to contact the company’s HR department as soon as possible.
Once again, it’s important that when filling out this paper that you make it very clear in great detail as to what happened and the parts of your body that have been affected. If you have already been seen by a doctor, make sure to note this on the form, including the name of the doctor and the time and day that you were seen by the physician.
After you have filled out the paper, you will then mail it to the HR department, and it’s important that you mail it first-class and ask for a signature upon delivery; this ensures that the form is received.
Decide whether or not to hire a lawyer
The physician who treated your injury will inform you of whether or not you can return to work. The claims administrator handling your Workers’ Compensation claim will inform you of whether or not your claim was accepted. Depending on what your physician and the claims administrator tell you, this will indicate whether or not you need a lawyer. Most times, if the claim is accepted, then no attorney is needed and you can simply follow the orders of your physician. However, if your claim is not approved, an attorney may be needed. You will also need an attorney if your physician recommends that you go back to work but you don’t feel you have fully recovered from your injury.
It’s also important during this time for you to check into any other programs that can be tapped into other than Workers’ Compensation, such as:
Being that tort reform went back into affect in Oklahoma, it is more difficult than it used to be for people to file a lawsuit after getting hurt on the job. This is one of the primary reasons that a lawyer may be needed during this type of situation. And it’s not so much so that a person can receive a large settlement. Instead, it’s so a person can simply get the compensation they deserve in a timely manner, and this involves filing all paperwork the correct way the first time around, which is what Workers’ Compensation attorneys specialize in. Call us today at (405) 703-4567.