Oklahoma Workers Compensation and Disability Benefits

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Workers Compensation and Medical Benefits Attorneys in OKC

If you have been injured on the job in Oklahoma, your thoughts are no doubt headed in several directions, and you very well may be feeling overwhelmed by all of the different situations you’ll encounter as you move towards recovery while simultaneously making sure that those you love are cared for properly during this process. Of course, if you’ve lost someone you love because of a work injury, you are also scrambling for solutions while being overcome with grief.

The Oklahoma workers compensation lawyers at Atkins & Markoff completely understand these situations, which is why you need to contact the firm if you’ve suffered from a situation like those described above, as the firm will not only be able to explain to you the concepts and realities behind death benefits, future medical benefits and general medical benefits, but will also be able to help you pursue them so that you can focus on your recovery and/or those around you who need your attention.

Below is an overview of the issues of death benefits, future medical benefits and general medical benefits as they relate to workers compensation law in Oklahoma.

  • Workers’ Compensation Death Benefits in Oklahoma

    If a worker is killed on the job in Oklahoma, there is a set standard in place in terms of the death benefits his beneficiaries can recover. In fact, the state of Oklahoma publishes an entire worksheet of death benefits payable to those related to the deceased worker, along with an explanation of how they are calculated. These information sheets are re-calculated every few years, but the most recent version states, in part:

    “Weekly death benefits for beneficiaries are computed as percentages of the deceased’s average weekly wage, which shall be taken as not more than the State’s Average Weekly Wage (SAWW). The maximum weekly income benefits payable to all beneficiaries varies depending upon the deceased’s average weekly wage. If the deceased’s average weekly wage is less than the SAWW, the aggregate weekly income benefits payable to all beneficiaries shall not exceed 100% of the deceased’s average weekly wage. If the deceased’s average weekly wage is equal to or greater than the SAWW, the aggregate weekly income benefits payable to all beneficiaries shall not exceed the SAWW.”

    Broken down, this results in the following weekly death benefits for different parties:

    Spouse only - $403.90
    Spouse and one child - $490.45
    Spouse and two or more children - $577.00
    Spouse and three or more children - $577.00
    No spouse, one child - $288.50
    No spouse, two children - $403.90
    No spouse, three children - $519.30
    No spouse, four or more children - $577.00
    Mother or Father only dependent - $144.25
    Mother and Father dependent - $288.50

    As you see, there are currently tangible limits in place in regards to the payable weekly death benefits in Oklahoma. However, there is also a schedule of lump sum death benefits payable in Oklahoma, and they are as follows:

    Spouse - $100,000.00 and up to $10,000.00;
    Spouse/one child - $100,000.00 for spouse, $25,000.00 to the child;
    Spouse/two children - $100,000.00 and $25,000.00 per child
    No spouse and children - $25,000.00 per child with a maximum of $150,000.00

    With each of the death benefits above, the state also includes up to $10,000.00 in funeral expenses.

    There are other wrongful death compensation and benefits available to relatives in Oklahoma, but for an individualized assessment, contact Atkins & Markoff today.

  • Future Medical Benefits/General Medical Benefits

    The State of Oklahoma provides for medical benefits for injured workers both in the present and in the future, and while these benefits are in place in the statutes, you need to be aware that they can be bargained away in an agreement with your employer. The basic standard in place for any medical benefits, future or otherwise, is that the medical care required must be reasonable and necessary, and there is no hard-and-fast time limit placed on future medical benefits, as certain injuries can take years to present themselves.

    The fundamental basis behind future medical benefits and general medical benefits is to allow the worker to be treated for injuries incurred as a result of performing his or her job duties, and these medical benefits are available for anyone who’s injured on the job, regardless of the industry in which you work, the type of work you perform and your age or injury history.

Why Hire an Oklahoma City Workers Comp Attorney?

If you or someone you love has been injured or killed on the job, you have several rights, benefits and legal options at your disposal. As you’ve probably seen above, however, the nature of these future medical benefits and death benefits can be somewhat complicated, and any mistakes made in the pursuit of any of them can be very costly. If any of these unfortunate situations sound familiar, you need to contact the Oklahoma workers compensation attorneys at Atkins & Markoff immediately to schedule a free initial consultation.

 




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