Oklahoma Temporary Disability Compensation Lawyer

If a worker is injured in Oklahoma, he or she is considered to be in a state of disability. However, additional classification is necessary because it will determine the amount and duration of any compensation the injured worker will receive. This determination is based in part on what the worker had been earning as well as what the statutory limit happens to be at the time.

Additionally, the initial classification will also determine how long in duration the benefits will be paid. As is the case with the monetary amount, the duration of the benefits payments are also set out in the statutes, which will be described below.

Temporary Disability Classifications in Oklahoma

Temporary disability in Oklahoma means that the injured worker is unable to work for a period of time, but also that he or she will be able to return to work at full capacity. Aside from the temporary classification, there are two additional delineations that need to be explained before an injured worker can come to an idea of what amount and duration of benefits will be paid to him or her.

The first is temporary total disability, which is usually written as TTD in the codes and regulations. The second is temporary partial disability, which is generally noted as TPD. TTD means that the worker is completely unable to perform even limited aspects of the job, and TPD means that he or she may be able to perform some of the basic functions.

Schedule of Oklahoma Workers Comp Benefits

The following is the basic schedule of workers’ compensation benefits in Oklahoma for someone who has been declared to be temporarily disabled.
TTD – TTD workers will be paid a total of 70% of their weekly wages with a statutory limit in place of $473 per week. TTD payments can be paid out for a maximum of 156 weeks, and in order to qualify for benefits, you must miss work with medical authorization for a minimum of three working days. However, if the injured worker feels that he or she needs the benefits for longer than 156 weeks, the worker can petition the Workers’ Compensation Court for an extension of benefits. If this extension is approved by the court, the benefits can be extended to a total payout duration of 300 weeks.

In terms of TPD, most workers are going to need their medical evaluation as provided by law, and if the doctor approves a workload of limited duty, such as desk work instead of manual labor, there is usually no reason to file for a payment of benefits. Controversy can arise, however, if the worker does not feel that he or she can perform his or her work at any level and the employer and doctor disagree.

How to Proceed with an Oklahoma Claim

If you are injured at work, the statutes in Oklahoma clearly dictate how you should proceed if you feel you are unable to work for at least three working days. The first step is to inform the employer of your situation. When this happens, the employer is required to schedule a medical evaluation for you within seven days. According to Oklahoma law, the employer chooses the medical care provider.

After the medical evaluation, the doctor recommends a course of action based on the diagnosis. The doctor can declare that the worker is permanently disabled, which means that the worker will never be able to return to work in his or her full capacity. Different procedures and standards apply for those who are permanently disabled.
If the worker is declared to be temporarily disabled, the doctor will recommend that he or she miss work for a predetermined period of time. Prior to returning to work, the employee must receive an additional evaluation and authorization. If the doctor determines that the worker is not able to return, the payment of benefits will continue.

How to Obtain Workers Compensation Benefits

If a worker is deemed to be temporarily disabled, it is the responsibility of the employer to provide for payments through the state workers’ compensation insurance fund. These payments are to continue for the duration of time laid out by the diagnosing doctor, who must also present the documentation of the diagnosis to the Workers’ Compensation Court.

Obtaining the benefits is often where the need for a workers’ compensation attorney arises. This need is somewhat prevalent because tens of thousands of claims are filed every year, and it’s quite possible that the worker will not feel that he or she is receiving a fair settlement.
Additionally, personal injury claims can arise from these situations of temporary disability if the injury occurred as a result of negligence by the employer. One example would be if the employer did not provide a reasonably safe working environment. If any of this sounds familiar, contact the Oklahoma workers’ compensation lawyers at Atkins & Markoff today to schedule an initial consultation.