Oklahoma Compensation Work Injury Lawyers
The reality for anyone who lives in Oklahoma is that almost all of us must work and generate income in some manner or fashion. Some occupations are more inherently hazardous than others, but the harsh reality is that every job carries some degree of risk of injury. When this happens to residents of Oklahoma, many do not know how to properly explore or pursue their rights for compensation for work injuries.
Atkins & Markoff is an Oklahoma law firm of workers’ compensation attorneys who have represented those who were seeking compensation for work injuries for many years. The firm’s experience is invaluable when it’s put to use by those who are injured, as the realm of workers’ compensation is extremely complicated and regulated, which means that any mistakes in the pursuit of compensation for work injuries can be very costly, both literally and figuratively.
Below is a brief overview of the issues and options related to compensation for work injuries in Oklahoma, but if you are not sure where to turn for help, contact Atkins & Markoff today to schedule an initial consultation.
Compensation for Work Injuries in Oklahoma
Clearly, the first option for someone who is injured on the job in Oklahoma is that of workers’ compensation benefits. The realm of workers’ compensation law is extremely complicated in nature, and many times the amount of benefits that will be made available to an injured worker will be determined by a numerical equation.
The first option to receive compensation for work injuries, rooted in Oklahoma law, is the right to be reimbursed for all medical treatment that’s deemed necessary and reasonable as it resulted from the on-the-job injury. This is clearly a fair option for those who suffer, and also why you should not hesitate to seek the proper medical attention if you have been injured at work.
Beyond reimbursement for immediate and reasonable medical expenses that were incurred as a result of the injury suffered, there are other, ongoing benefits options available to an injured worker in Oklahoma depending on how your injuries are classified in the eyes of the state. Each of these differences is detailed below.
Temporary Benefits
These benefits are awarded if the injured worker is unable to work, based upon the recommendation of a medical professional, for more than three calendar days. There is an equation in place to determine the amount of the benefit awarded, and this will depend on several factors, including your personal income earned while employed. For a detailed analysis of what you may be entitled to in regards to temporary benefits, contact Atkins & Markoff to schedule an initial consultation.
Permanent Disability Benefits in Oklahoma
The process of determining compensation for work injuries that leave a worker permanently disabled is more complicated than the process of determining benefits on a temporary basis. Basically, this determination is completed with a two-step process.
Determining Compensation for a Work Injury
The first step in furtherance of this determination is to have a physician evaluate the injured worker, and when this evaluation is complete, the medical professional will determine the percentage of disability the injured worker has suffered. This percentage is then used in the next step of this process.
The second step in determining compensation for work injuries is more complicated and numerical in nature. After the percentage of disability has been determined, benefits are calculated based on two variables – the state’s average weekly wage or SAWW and the injured worker’s average weekly wage, or the AWW. Oklahoma law states that the injured worker is entitled to benefits that equal 100% of the employee’s AWW and also establishes a ceiling of benefits at 70% of the SAWW.
As you see, the determination of the proper amount of compensation for work injuries is extremely intricate in nature, and depends at least somewhat on the subjective opinion of the medical care provider who is tasked with determining the percentage of someone’s disability if that disability is deemed permanent in nature.
Rather than attempting to come to this final figure yourself, you need to make sure that you are maximizing your rights. Contact an Oklahoma workers’ compensation attorney at Atkins & Markoff today to get started on the process of determining the proper amount of your benefits.
Work Injuries – Personal Injury/Negligence Liability
In certain situations, an injured worker can seek compensation for work injuries under the theory of personal injury and/or negligence. Although these situations are somewhat rare, they are an option for those whose injuries were a result of recklessness, negligence or even intentional acts or omissions that fall outside the scope of customary work duties.
For example, if a worker is performing his or her customary duties on a construction site, and a truck driver for another company is driving negligently and causes injuries to the worker at issue, he or she would usually be entitled to seek not only workers’ compensation benefits, but could also be within his or her rights to bring an action against the driver and/or his employer on the basis of personal injury law.
Again, these instances are statistically rare, and in order to make sure that you’re making the right decision in regards to your pursuit of compensation for work injuries in Oklahoma, you need to contact Atkins & Markoff to schedule an initial consultation.
As you see, if you are injured on the job in Oklahoma, you do have rights and legal options. However, you should not attempt to get this process started on your own – you have every need to concentrate on your physical, mental and psychological recovery. Contact Atkins & Markoff today and allow the workers’ compensation lawyers at the firm begin the process of concentrating on your financial recovery.
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