September 30, 2008
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 [...]
September 29, 2008
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 [...]
August 12, 2008
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 [...]
August 8, 2008
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 [...]
July 24, 2008
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 [...]
July 24, 2008
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.
July 24, 2008
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, [...]
July 24, 2008
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 [...]
July 24, 2008
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 [...]
July 24, 2008
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 [...]