Oklahoma Workers’ Compensation Law is a No-Fault System
Unlike the tort system, where you are able to file suit against someone who is at fault for causing you harm, such as a personal injury action, a nursing home negligence action, or a medical malpractice action, the workers’ compensation system does not take into account fault when assessing what benefits an injured or ill employee is entitled to. If fault was a part of determining whether workers’ compensation benefits should be given, Oklahoma would have very few workers left. Fro free information call our Oklahoma work injury attorneys today.
Purpose of Oklahoma Work Injury Law
Mistakes are bound to happen on the job. In order to get Oklahoma citizens healthy after they suffer injuries and illnesses in the workplace, there must be a system that looks only at the following:
What Work injuries and/or illnesses are at issue;
What medical treatment is necessary;
The cost of the needed medical care;
The amount of lost wages; and
How long employees are anticipated to be out of work and how much Temporary disability is owed to the Injured worker
- Amount of PPD owed to the injured worker
Oklahoma Work Injury Attorneys and Lawsuits
The workers’ compensation system simply would not work if fault was assessed. Many people typically think of a lawsuit that goes to trial and there is a plaintiff and a defendant, much like what you may see on American television shows. While there certainly are situations where lawsuits are filed by employees against employers or co-workers for injuries that may have been suffered on the job (such as situations where intentional harm is done), most cases of workers’ compensation only look at what the injury is and what the employee needs in terms of compensation in order to get better.
It’s possible that you may have been at fault for your own injury, or maybe your employer or a co-worker was at fault, however, you will still be receiving your workers’ compensation benefits. Taking fault into consideration would only make the workers’ compensation process longer, make the workplace inefficient, and people would be afraid they would get in trouble for any potential mistake that may lead to an employee being injured while on the job. Mistakes are inevitable and workers’ compensation allows for room to make mistakes. Plus, sometimes injures turn out to be nobody’s fault, and is simply a potential consequence of any job that an employee may undertake.
Goal of Oklahoma Work Injury
The Oklahoma workers’ compensation program has the key goal of helping its citizens get back to work as quickly as possible. In order to achieve this goal, fault must be taken out of the equation. It is still important to take all steps necessary to encourage a safe workplace in an effort to avoid injuries and illnesses that can be prevented. But, workers can be rest assured that as long as there is no intentional conduct to harm another employee (such as getting in a fist fight), any workplace accident is eligible for compensation from the employer’s workers’ compensation insurance carrier, as required under Oklahoma law.
Contact a Tulsa Oklahoma Work Injury Attorney
If you have suffered a workplace injury, contact our qualified Oklahoma work injury attorneys at Kania Law Office. Regardless of who is at fault for your injury, you are entitled to workers’ compensation benefits under Oklahoma law if you were injured while on the job or acquired an illness in the workplace. Our Oklahoma work injury attorneys will evaluate your case and help you get the benefits you deserve after considering each and every fact. Call Kania Law office today for a free consultation. We can be reached at (918) 743-2233 to schedule your free consultation, or you may schedule your free consultation by filling out this online form. Our legal term provides bilingual services in both English and Spanish. Kania Law Office is here to help you get back on your feet and back to work.
Can I File Workers Compensation in Tulsa Oklahoma
http://www.kanialaw.com/lawyers-workers-compensation-tulsa-oklahoma-work-injury-attorneys/can-i-file-workers-compensation-in-tulsa-oklahoma.htm
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