Workers’ compensation - Oklahoma

Summary of differences between federal and state regulations

There is no federal workers’ compensation requirement for most private employers.

Insurance requirement: Competitive state fund or self-insurance by private carrier, individual employers, and groups of employers.

Exemptions from WC: Agricultural or horticultural employers with a gross annual payroll in the preceding calendar year of less than $100,000. An employer with 5 or fewer total employees, all of whom are related by blood or marriage to the employer.

Medical benefits provided: Full.

Physician selection: Employee selects physician.

Benefits for temporary total disability (TTD): 70 percent of worker’s wage for up to 104 weeks. If a treating physician releases the claimant for light duty work and the employer makes a good-faith offer in writing to provide a light duty position at the same rate of pay, but the claimant refuses to accept the assignment, the claimant is not entitled to temporary total disability.

Benefits for permanent total disability (PTD): 70 percent of worker’s wage for up to 15 years.

Benefits for permanent partial disability (PPD): 70 percent of worker’s wage for up to 350 weeks.

Scheduled awards: Scheduled awards are paid in addition to and upon termination of TTD benefits. Awards are not reduced because of receipt of TTD benefits unless TTD was overpaid.

Disfigurement benefits: A maximum of $50,000 is paid for serious and permanent disfigurement.

Death benefits for surviving spouse and children: Spouse alone receives 70 percent of employee’s wage and spouse with children receives 100 percent for period of widow/widowerhood; children until 18. Two-year lump sum payable upon remarriage. Children receive benefits beyond age 18 if disabled, or until age 23 if full-time students. Spouse receives lump sum of $100,000 and $25,000 for each child not to exceed two children.

Maximum burial allowance: Employer to pay actual funeral expenses up to $10,000.

Waiting period: 3 days.

Rehabilitation: Both vocational rehabilitation (VR) and physical rehabilitation (PR) are covered. Employers may be required to offer PR and VR by WC Court. Employer must pay VR costs for a maximum of 104 weeks. Employer is responsible for costs of services, compensation, board, lodging, travel, tuition, and books during VR and PR. Employees are not required to accept PR or VR but then benefits are limited to partial disability payments. During VR employees receive normal weekly compensation plus living expenses, if travel is required.

Attorney fees: 10 percent TTD, 20 percent other types, statute, determined by court.

Forms: http://cec.ok.gov/court_forms.htm

State

Contact

Workers’ Compensation Enforcement Division

Regulations

Worker’s Compensation Act, Title 85, selected provisions

Oklahoma Public Legal Research System, Title 85

Federal

Contacts

None.

Regulations

None.