New Workers Comp Laws in Oklahoma

Tulsa Workers’ Compensation Attorneys Help Clients Understand the New Workers Comp Laws

             In May 2013, the Oklahoma Legislature passed Senate Bill 1062, which codified the Administrative Workers’ Compensation Act, the Oklahoma Employee Injury Benefit Act, and the new Workers’ Compensation Arbitration Act, as well as established the Workers’ Compensation Court of Existing Claims. The new Workers Comp Laws in Oklahoma, which went into effect on February 1, 2014 and which was backed by the Oklahoma State Chamber of Commerce, contained sweeping changes to the existing judicial system of deciding workers’ compensation claims with the Oklahoma Workers’ Compensation Court. It is expected to greatly improve the workers’ compensation system as well as reduce premium costs.

             The new law was sorely needed. Oklahoma’s previous workers’ compensation system ranked fifth highest in the country in the cost of claims, sixth highest in the cost of premiums, and forty-seventh worst in 2012 workers’ compensation costs. In addition, the Work Loss Data Institute gave the prior system a “D” for overall effectiveness. Needless to say, it was in part to blame for discouraging new businesses from coming to Oklahoma.

             Now all that has changed, hopefully for the better. The new workers comp laws in Oklahoma is very sweeping, as previously stated, but a few aspects of it should be highlighted:

•  The new law creates a simpler administrative system called the Oklahoma Workers’ Compensation Commission (OWCC) for the filing of claims that result from injuries that occurred on or later than February 1, 2014. Claims based on injuries that occurred prior to the law’s enactment will be heard by the Oklahoma Workers’ Compensation Court of Existing Claims. The laws, time frames, and benefits available to injured workers are different under each system. Clearly, the advice of a competent workers’ compensation lawyer is needed to help the relevant parties sort through the claims process.


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• The new law again sets the temporary total disability (TTD) benefits at 70% of the employee’s average weekly wage, but reduces the maximum benefit allowed by 30% (from the former limit of 100% of the state’s average weekly wage to an upper limit of 70% of the average state wage). In addition, the maximum TTD period is reduced from 156 weeks down to 104 weeks.


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• Under the new system, an employee who receives surgery and returns to work with the same pay cannot receive permanent partial impairment benefits (PPI).


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• Private employers can opt out of the workers’ compensation system by offering employees an Employee Retirement Income Security Act (ERISA) type system instead, as long as that system provides equivalent benefits to injured workers. Only employers with a specified financial strength and loss experience will be able to exercise this option.


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• Claims for accidental injury or death and cumulative trauma must be filed within one year of the date of injury or death, down from two years under the previous system.


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• “Diagnostic” services are no longer covered by employers, but first aid, medical, surgical, hospital, optometry, podiatric, nursing, medicine, crutches, and other types of apparatus are covered.


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• The new law has revised the Oklahoma Workers’ Compensation Notice that employers must post in one or more conspicuous places at the work site. The notice must advise employees that they are covered by the Workers’ Compensation Act and that counseling services are available at the new OWCC. A new version containing all the state-required notifications is available on the state web site at www.govdocs.com.

 Contact a Tulsa Workers Compensation Attorneys about the New Workers Comp Laws in Oklahoma

            With all the uncertainty surrounding a change in the law, it is more critical than ever that employers and workers retain competent Tulsa Workers’ Compensation Attorneys to advise them of their rights under the law. Call today for a consultation.

New Workers Comp Laws in Oklahoma

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