Permanent Disability Attorney Oklahoma

When someone is injured while working, he or she is entitled to workers’ compensation benefits. However, the process can be quite complicated, and given the nature of some of the injuries involved, it can be a very difficult process to endure if someone is in pain and unable to work and generate income.

In Oklahoma, the basis of workers’ compensation law is very statutory in nature, which means that the processes, the standards and the benefits paid are generally governed by the laws that have been passed by the legislature. Below is an overview of the compensation available to someone who has been declared permanently disabled due to a work injury in Oklahoma.

Initial Classification of Disability

Before any determination of benefits can be determined, the injured worker must first obtain a medical evaluation. This evaluation is intended to provide the Oklahoma Workers’ Compensation Court, the employer and the injured worker with a classification that speaks to the extent of the injury involved.

There are basically two different classifications that can result from this medical evaluation – permanent partial disability, which is often referred to as PPD, or permanent total disability, also known as PTD. This is a critical classification for many reasons, not the least of which is the determination of the benefits involved, the duration of them and even the source of the payments.

Statutory Governance of Permanent Disablity in Oklahoma

The Oklahoma statutes lay out with specificity how benefits are to be determined if someone is found to be permanently partially disabled. The relevant statutory clauses appear below with an accompanying explanation.

(d) With respect to injuries occurring on or after January 1, 2003, in case of disability, partial in character but permanent in quality, the compensation shall be seventy percent (70%) of the employee’s average weekly wages, and shall be paid to the employee for the period prescribed by the following schedule:

• Thumb: For the loss of thumb, sixty-six (66) weeks.
• First Finger: For the loss of the first finger, commonly called the index finger, thirty-nine (39) weeks.
• Second Finger: For the loss of a second finger, thirty-three (33) weeks.
• Third Finger: For the loss of a third finger, twenty-two (22) weeks.
• Fourth Finger: For the loss of a fourth finger, commonly called the little finger, seventeen (17) weeks.
• Phalange of Thumb or Finger: The loss of the first phalange of the thumb or finger shall be considered equal to the loss of one-half (1/2) of such thumb or finger, and compensation shall be one-half (1/2) of the amount above specified; the loss of more than one phalange shall be considered as the loss of the entire thumb or finger; provided, however, that in no case shall the amount received for more than one finger exceed the amount provided in this schedule for the loss of a hand.
• Great Toe: For the loss of a great toe, thirty-three (33) weeks.
• Other Toes: For the loss of one of the toes other than the great toe, eleven (11) weeks.
• Phalange of Toe: The loss of the first phalange of any toe shall be considered to be equal to the loss of one-half (1/2) of the amount specified. The loss of more than one phalange shall be considered as the loss of the entire toe.
• Hand: For the loss of a hand, two hundred twenty (220) weeks.
• Arm: For the loss of an arm, two hundred seventy-five (275) weeks.
• Foot: For the loss of a foot, two hundred twenty (220) weeks.
• Leg: For the loss of a leg, two hundred seventy-five (275) weeks.
• Eye: For the loss of an eye, two hundred seventy-five (275) weeks.

As you see, the legislature lays out very clearly how much compensation is due to the injured worker, that being 70% of the average weekly wage (AWW), and the duration of the payments.

Permanent Total Disability in Oklahoma

When someone is injured to the point where he or she is totally disabled, meaning that he or she is unable to return to any sort of work that resembles what was previously being performed, a sometimes-difficult decision must be made. The worker can pursue benefits under the workers’ compensation statutes, but he or she can also choose to pursue a lifetime of federal benefits from the Social Security Administration (SSA).

The Oklahoma statutes lay out that the worker can obtain benefits equal to 70% of the AWW for the duration of the disability, but in some cases, pursuing federal benefits may be the better choice depending on the standards and the amounts involved.

Oklahoma Workers’ Compensation Benefit Lawyer

If you find yourself in this situation, you also need to make a point to secure the services of an Oklahoma workers’ compensation lawyer. Obtaining the proper classification and securing the proper amount of compensation can be difficult at times, especially when you’re badly injured. Contact the attorneys at Atkins & Markoff today to schedule a free initial consultation.