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Thousands of people are injured in the workplace every year in Oklahoma, and aside from the monetary compensation to which an injured worker is entitled, that worker is also entitled to obtain medical benefits. These benefits, according to state law, are generally unlimited in terms of duration and costs.
The Oklahoma legislature has passed an extensive set of laws that govern every aspect of a worker’s compensation situation, and one specifically deals with the process and standards involved with the issue of medical benefits. Below is a breakdown of the relevant parts of this statute.
Oklahoma Workers' Comp Statutes for Medical Benefits
Title 85, Chapter 2, Section 14 – Medical Attention
A.1. The employer shall promptly provide for an injured employee such medical, surgical or other attendance or treatment, nurse and hospital service, medicine, crutches, and apparatus as may be necessary after the injury. The treating physician shall supply the injured employee and the employer with a full examining report of injuries found at the time of examination and proposed treatment, this report to be supplied within seven (7) days after the examination; also, at the conclusion of the treatment the treating physician shall supply a full report of the treatment to the employer of the injured employee.
This report not only must be filed in a timely manner, but the basis of this report based upon the examination is also a critical component of the ultimate compensation award provided to the injured worker by the court.
A.2. The treating physician who renders treatment to the employee at any time shall promptly notify the employee and employer or the employer’s insurer in writing after the employee has reached maximum medical improvement and is released from active medical care.
The important aspect of this clause is that if the employee does not agree that he or she is ready to return to work, the employee can petition the Workers’ Compensation Court for a prompt hearing to determine his or her status. If this is necessary, the employee would be wise to work with a workers’ compensation attorney to make sure that his or her rights are properly enforced.
D. 1. If a self-insured employer, group self-insurance association plan, an employer’s workers’ compensation insurance carrier or an insured, which shall include any member of an approved group self-insured association, policyholder or public entity, regardless of whether such entity is insured by CompSource Oklahoma, has previously contracted with a certified workplace medical plan, the employer shall select for the injured employee a treating physician from the physicians listed within the network of the certified workplace medical plan.
The clause above lays out that the employer shall be the party that decides on the identity of the medical care provider. This can lead to litigation if there is suspicion and reasonable proof of any conduct that would violate the law.
D.2. The claimant may apply for a change of physician by utilizing the dispute resolution process set out in the certified workplace medical plan on file with the State Department of Health.
If you are unhappy with the care you’re provided, you should not simply schedule an evaluation with a different doctor and expect to have the bill paid by someone else. You need to go through the administrative process in order to successfully see a doctor of your choice.
F.1. Whoever renders medical, surgical, or other attendance or treatment, nurse and hospital service, medicine, crutches and apparatus, or emergency treatment, may submit such charges and duration of treatment to the Administrator of the Court for review in accordance with the rules of the Administrator.
The statute clause above states that the costs for medical care will be paid by the state’s insurance fund. This is significant because your employer is supposed to contribute to this fund regularly, and if it has not done so, this could lead to a problem for your treatment and benefits.
Why You Need an Oklahoma Workers’ Compensation Attorney
The statutory clauses displayed above represent only a small part of the overall statute that governs the dissemination of medical benefits for an injured worker in Oklahoma. It should be clear that these situations may seem very straightforward, but in fact they can be extremely complicated.
There are several ways in which the worker’s rights can be harmed. Cases from the past include problems with the chosen doctor, problems with the payment of the medical costs, problems with the acceptance of the medical evaluation that ultimately leads to the disability classification by the court and ultimately problems with the benefits award.
Additionally, this does not necessarily govern the situations where negligence on the part of the employer was involved and the need for a personal injury claim arises. In such a situation, you need to take matters into your own hands and enforce your rights properly. Contact the workers’ compensation attorneys at Atkins & Markoff today to schedule an initial consultation.
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