Oklahoma Worker’s Compensation Commission in Tulsa Opens for Business
Last year, lawmakers passed legislation that resulted in the new workers compensation laws creating the Oklahoma Worker’s Compensation Commission. As part of the new workers compensation laws the Commission is charged with assisting injured Oklahoma workers in settling their worker’s compensation claims for injuries which occurred on or after February 1, 2014. Injuries that occurred before that time will heard
The Commission is implementing a new administrative system of handling worker’s compensation claims, which lawmakers feel will help injured workers to resolve their claims more efficiently than the judicially-based system that it was designed to replace. As a part of the transition to the new system, the Commission has created a website where employers, employees, and others can learn about and access the new workers compensation laws. As of January 31, 2014, the official website of the Oklahoma Worker’s Compensation Commission is open and ready for use.
New Workers Compensation Laws in Oklahoma
Unfortunately, the the new workers compensation laws in Oklahoma may not be helpful to the workers whom it is supposed to protect. For example, businesses are able to “opt out” of using the state worker’s compensation system if they provide benefits which are equivalent to those that the system would provide. However, when a business “opts out”, it gets to decide on its own who is eligible for benefits, without the oversight of a state system or a judge.
Even though the new workers compensation laws are designed to be used by injured employees on their own, it is inevitable that some cases will not proceed seamlessly through the system from start to finish. When a dispute arises, they will be handled by an Administrative Law Judge at an administrative hearing. Employees who work for employers who “opt out” of the state system will have their disputes handled by their employer’s alternative dispute resolution program, which often consists of arbitration.
Other Changes To Workers Comp Laws in Oklahoma
Other changes to Oklahoma worker’s compensation which could pose challenges to injured workers include a change in the statute of limitations for filing a Tulsa Oklahoma worker’s compensation claim. Employees who were injured on the job used to have two years to file a claim. Now, under the new workers compensation laws they have just one year to file. Injured employees may also be denied compensation if they return to the same job. Workers who are fired after they get injured are able to receive compensation, but the amount of compensation under the new workers compensation laws have been drastically reduced from what it has been in previous years. Employees also must comply with strict timelines and burdens of proof for cumulative trauma injuries caused by repetitive motions associated with their work. If you believe that you are experiencing such an injury, get it looked at by a doctor right away, because you have just six months to let your employer know that you have developed it.
Fortunately, under the new workers compensation laws, it is still illegal for an employer to retaliate against an employee who has filed a good faith workers’ compensation claim, or who has retained a lawyer to represent them in pursuing their claim. Employees who are temporarily completely disabled as a result of their injuries also continue to be protected by the new laws. They may not be fired for the sole reason that they were absent from work, and their employer may not let them go in an attempt to avoid making disability payments to them.
Call A Tulsa Workers Comp Attorney Today
the changes to the worker’s compensation system in Oklahoma are touted as making things easier for injured workers. However, it is important that any worker who is injured on the job in Oklahoma consult with an experienced Oklahoma Worker’s Compensation Attorney. Your attorney can help you understand the new system and, more importantly, will help you to stand up for your rights. We offer a free initial consultation where we can answer your questions, evaluate your needs and explain your options. We invite you to contact Kania Law Office now at (918) 743-2233, or feel free to fill out our online form.
New Workers Compensation Laws
http://www.kanialaw.com/lawyers-workers-compensation-tulsa-oklahoma-work-injury-attorneys/workers-compensation-new-law.htm
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