Oklahoma City Workers Comp Benefits Attorney 

Under Oklahoma law, you are entitled to four basic benefits if you are injured on the job.

A. Medical Care

All reasonable and necessary medical expenses related to your injury will be paid by the employer or the insurance company. You have the right to choose your own doctor. If you doctor refers you to another doctor, the second doctor's reasonable expenses will be covered. You also can claim mileage for your trips to the doctor or hospital for treatment.

B. Temporary Total Disability (TTD)

While you are recovering and are under active medical treatment, you will receive 70% of your average weekly wage up to a maximum of $473 per week, depending on the date of your accident. TTD is paid only if you are off work for more than 3 days. When you are released to return to work or you have reached maximum medical recovery, the TTD checks will stop.

C. Permanent Partial Disability (PPD)

If you are left with permanent problems, you will be compensated for a percentage of disability to the part of the body injured.

D. Vocational Rehabilitation

You are entitled to job retraining, if you are unable to return to your normal occupation.

Temporary Total Disability

If you are not receiving TTD from the insurance company, we will get a report from your treating doctor and ask for a hearing in the Workers' Compensation Court. The hearing is usually scheduled within 3 months. The judge may take up to 10 days to issue a decision. The insurance company then has 20 days to pay the TTD.

Permanent Partial Disability

This is the second part of your case. Once you have been released to return to work or have gotten as good as you are going to get, you are ready to be rated for permanent disability. Your weekly checks will stop at this time.

We will send you to a doctor in Oklahoma City to evaluate the extent of your permanent disability. About a week after you see the doctor, we will receive a report and will ask the Court for a final hearing, which should be within 90 days if your employer has admitted your injury... or up to 8 months if the claim is denied.

You also will be required to see the insurance company's doctor. (You will be paid mileage for this trip, but not for the trip to our doctor.)

PPD is based upon your average weekly wage with a maximum of $123,240 for 100% disability to the body. Your award will be based upon what percentage disability the judge gives you. If you are permanently and totally disabled, you may receive up to $473 per week for life, plus medical benefits.

Once we are notified of the trial date, we will send you a letter with the date of the hearing and place to meet at the Workers' Compensation Court in Oklahoma City. On the morning of trial, we will have plenty of time to prepare for the hearing.

The hearing normally takes 15 to 20 minutes. The trial includes your testimony and the admission of the doctor's reports. The judge issues a decision within 10 days. The money awarded by the judge should be available within 30 days after the hearing unless the insurance company appeals the order to a higher court.

Many times the insurance company lawyers will want to take your deposition or sworn statement before the trial. We will notify you of the time of the deposition should this occur.

What about leaving the medical open?

If you settle your case, you must give up future medical benefits. However, if you injury is going to require future medical case, we can leave the case open for up to 6 years to enable you to apply for additional benefits. The decision to settle your case or to leave the medical open really cannot be made until you have completed your recovery and we are ready for a final hearing. We will always explain all of your options to you.

Representation Fees for Workers' Compensation

Our attorney's fees will be 20% of what we get you for permanent partial disability and 10% of any contested temporary weekly benefits. If there is no recovery, you owe us nothing.

Expenses

There are certain expenses that the insurance company is not required to pay. The cost of reports and depositions of the doctor we send you to for evaluation in preparation for trial will be deducted from the award. The remainder of your award is not subject to federal or state taxation.

Loans

We know times can be rough financially when you are off work with no income except workers' compensation benefits. It is against the law for lawyers to loan money to clients or to co-sign loans. However, we will do everything we can to talk to your landlord or creditors to assure them that we feel you are going to be getting money soon. Most creditors will allow you some time to catch up.

IMPORTANT THINGS TO REMEMBER

1. PLEASE LET US KNOW WHEN THE DOCTOR RELEASES YOU TO RETURN TO WORK.
2. SEND ALL MEDICAL BILLS TO US. WE WILL SEND THEM TO THE INSURANCE COMPANY FOR PAYMENT.
3. PLEASE BE PATIENT. THE COURT'S DOCKET IS OFTEN BOGGED DOWN. EACH JUDGE TRIES APPROXIMATELY 15 CASES PER DAY AND THE WHEELS OF JUSTICE OFTEN MOVE SLOWLY.
4. PLEASE NOTIFY US IMMEDIATELY IF YOUR TELEPHONE NUMBER OR ADDRESS CHANGES.

OUR GOAL IS TO GET YOU EVERY PENNY AND EVERY BENEFIT YOU DESERVE!