Category Archives: FAQs

How will my Workers’ Compensation benefits be affected if I file for bankruptcy?

How will my Workers’ Compensation benefits be affected if I file for bankruptcy?
If you have to file bankruptcy, your Workers’ Compensation benefits are safe from the claims of creditors and the bankruptcy trustee.
Oklahoma statute exempts all workers’ compensation benefits from all claims of creditors and from levy, execution or attachment or other remedy for recovery [...]

Can my Workers’ Compensation benefits be garnished?

Are Oklahoma Workers’ Compensation proceeds paid to an injured worker entirely exempt from garnishment?
Claims for workers’ compensation or benefits due are completely exempt under 85 O.S. 2001 § 48, the exclusive statutory authority for exemptions under the Workers’ Compensation Act, except for valid liens or income assignments for child support.
See Strong v. Laubach, a 10th Circuit [...]

Is Workers’ Compensation insurance required of all Oklahoma employers?

By law, coverage is mandatory for all employers except: domestic or household employees where total payroll is less than $10,000 annually; agricultural or horticultural employees where total payroll is less than $100,000 annually; certain licensed real estate sales persons and brokers; and employees covered under Federal laws. Additional specific exemptions can be found in [...]

What are the current Oklahoma Workers’ Compensation rates?

Workers’ Compensation benefit rates are calculated based upon both the state’s average weekly wage (SAWW) and the employee’s average weekly wage (AWW). The law provides benefits equal to 100% of the employee’s AWW up to 70% of the SAWW for temporary total, permanent total and death benefits. For injuries occurring between November 1, 2005 and [...]

What is Workers’ Compensation?

The Oklahoma Workers’ Compensation Act is a state law that entitles you to medical care, weekly income benefits, permanent disability benefits and rehabilitation if you are the victim of a job-related injury. These benefits are normally paid by your employer’s insurance company.
If you or a loved one has suffered an on-the-job injury, contact me today [...]

How long do I have to work for my employer to be covered by Workers’ Compensation?

You are covered the moment you begin your employment. There is no waiting period for coverage.
If you or a loved one has suffered an on-the-job injury, contact me today for a free consultation. I will use my experience, knowledge and resources to achieve the best possible results for you and your family.

What kind of injuries are covered by Workers’ Compensation?

Almost any type of physical injury or illness caused by your work is covered. This obviously includes broken bones, and all types of sprains and muscle strains. Many times employees fail to realize that Workers’ Compensation also covers other types of work-related injuries, such as loss of hearing or vision, lung injuries, heart attacks, strokes, [...]

Does my injury have to be caused by a single accident?

No. A single or specific accident is NOT necessary. Injuries are frequently caused by repeated daily work. These are known as “repeated trauma” injuries and are covered by Workers’ Compensation. Also, many injuries are caused by continued exposure to physically harmful substances or working conditions such as chemicals, fumes or loud noises. These types of [...]

What if I have been hurt before?

An old injury will not affect your right to recover benefits. Additionally, a re-injury, or the aggravation of an earlier injury, is covered by Workers’ Compensation. This is true even if the earlier injury was not work related or if no Workers’ Compensation claim was filed for the old injury.
If you or a loved one [...]

What if I am killed or die as a result of an injury or illness associated with my work?

If this should happen, your spouse and minor children are entitled to both a lump sum payment and also weekly compensation benefits. In addition, other family members may also be entitled to compensation for financial loss.
If you or a loved one has suffered an on-the-job injury, contact me today for a free consultation. I will [...]