Workers’ Compensation Lawyer in Oklahoma City
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Oklahoma workers compensation laws are in place to protect men and women who experience a workplace injury and are unable to perform their jobs. The experienced Oklahoma City workers’ comp attorneys of the Dan Davis Law Firm are prepared to assist you with your initial claim for benefits or with a denied workers’ compensation claim. By hiring an experienced Oklahoma City workers compensation attorney in the appropriate situation, you can be sure that you are not overlooking compensation for your injury or loss to which you may be entitled.
- Denied Workers’ Compensation Claim
- Q&A About Workers’ Comp Reforms
- Types of Compensation and Benefits
- Hiring a Lawyer
The various types of compensation and benefits that Oklahoma workers compensation law allows reflect the wide range of work-related injuries that can occur. Injuries can occur on any job – even a desk job in an office. But some jobs have a higher risk of an accident than others. For example, serious injuries or fatalities from a construction accident or oil field accident are not uncommon. These cases can be complex. While you may be entitled to workers’ compensation, you also may have grounds to pursue a third party claim. This type of claim may be filed if someone other than your employer was responsible for the accident.
While workers compensation (sometimes called workman’s comp) is designed to provide money and benefits for workers injured on the job, sometimes it’s not easy to receive those benefits. You will need an experienced lawyer in Oklahoma City who understands the process. You will need someone who will fight for you – a work injury lawyer who is not afraid to stand up to the insurance companies. Dan Davis has more than 25 years of experience protecting the rights of the injured.
Serious injuries can happen on the job, and you need attorneys who know how to handle your claim. The law has provisions to help make things right if your workers’ compensation claim is denied. However, our workers’ comp lawyers in Oklahoma at the Dan Davis Law Firm understand that a number of obstacles have the potential to put injured workers at an unfair disadvantage when applying for benefits.
We find that a denied workers’ compensation claim is frequently the reason an injured worker considers hiring a lawyer. The pain you are feeling is real. The frustration of not being able to provide for your family is genuine, and yet your efforts to receive the benefits you feel you are owed results in a denied workers’ compensation claim. We understand and are ready to help.
We can help you with the denied workers compensation claim appeal process. We have experience helping clients get the best results, just as we have successfully helped those with denied SSD or SSI claims. If we handle your case, we will review all aspects of your claim, including, but not limited to:
- Circumstances of your workplace injury
- The diagnosing of your workplace injury
- Appropriate completion of all necessary claim documentation
Q: How long do I have to file a workers’ compensation claim in Oklahoma?
A: As of 2014, the time to file your claim has been reduced from 2 years to 1 year.
Q: Are employers required to offer workers’ compensation insurance in Oklahoma?
A: No. An employer can “opt out” of workers’ compensation and if it does so, the employer – and not an impartial judge – determines who is eligible for benefits. What this means is that injured workers whose employers choose to opt out of the administrative system face a lower level of due process protection while filing a claim.
Q: Can I use my own doctor if I’ve been injured at work and need to file a workers’ comp claim?
A: No. Under Oklahoma law, employees have no choice of physician. Those who have been injured on-the-job must see a physician picked by the insurance carrier.
Q: Can I collect workers’ compensation if my employer makes me return to the same job?
A: No. Awards of compensation are eliminated for workers who return to the same job. So, if your injury renders you a paraplegic, but your employer sticks you back in the same job to avoid paying workers comp, you get no compensation for your condition. … By the way, they would probably have to pay for the wheelchair!
Q: Can I collect workers’ comp if I’ve been terminated from my job while injured?
A: Yes, but less than you could have received prior to the reforms. If you are fortunate to obtain compensation for your injury (that is, the employer fires you after the injury), the amount you may be able to get has been reduced by 30 percent in some cases and, in most cases, by 70 percent to 80 percent.
Q: How much can I collect if I can’t work due to my injury?
A: If you can’t work due to your injury, you may be able to collect Temporary Total Disability, but this funding has been slashed from $735 per week to $515.
Q: What can I do if my claim has been denied?
A: If your employer denies your claim, you can appeal to a three-person committee composed of people chosen not by an independent party, but by the employer! Additionally, your employer can choose that your claim be submitted to binding arbitration. And who gets to pick the arbitrator? The employer does.
Q: What happens when my case gets heard by the new judges?
A: All new judges under the newly implemented workers’ compensation laws are appointed by a commission composed of people who do not even have to be lawyers. The new judges do not even have to consider rules of evidence, so they could accept an un-notarized affidavit from an employer that the injury did not occur and consider it as evidence.
Q: What happens if I lose my case?
A: If you lose your case, your case is appealed to the commission, people handpicked by the Governor, whose objective is to completely eliminate workers compensation benefits for injured workers.
Some conditions, such as blindness, commonly are recognized as being a type of disability that qualifies you for benefits. Remember, each case is evaluated individually. In all cases, certain standards must be met, including one that states the person filing the claim has been unable to work for at least twelve months due to the condition.
Among the most commonly recognized types of disabilities or medical conditions that lead to the awarding of SSD benefits are:
The process of hiring a lawyer for a workers’ compensation claim or appeal does not require you to pay up-front legal fees. At the Dan Davis Law Firm, we recognize that the inability for a bread-winner to go to work can put a severe emotional and financial strain on a family. If you are considering hiring a lawyer for your initial claim or appeal of a denied workers’ compensation claim, please know that you will not have to spend out-of-pocket to put our resources on your side.
How a workers’ compensation lawyer can assist you
Hiring an experienced workers’ compensation lawyer can help ensure:
- Documentation is completed appropriately
- All filing deadlines are recognized and met
- Any appearances before the court are handled appropriately
- Medical diagnoses that support your claim are obtained in a timely fashion