Bob Burke
Attorney, Author, Historian
308 N.W. 13th Street, Suite 200B
Oklahoma City, OK 73103
ph: 405.848.0314
fax: 405.848.0350
bob
Under Oklahoma law, you are entitled to four basic benefits if you are injured on the job:
1. Medical Care: All reasonable and necessary medical expenses related to your injury will be paid by the employer or the insurance company. You may have the right to choose your own doctor. If your 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 if it’s more than 20 miles roundtrip.
2. Temporary Total Disability (TTD): While you are under active medical treatment, you will receive 70% of your average weekly wage, tax-free, up to about $900 per week. There is a limit to the number of weeks you can draw TTD, especially if you do not have surgery. When you are released to return to work or you have reached maximum medical recovery, the TTD checks will stop.
3. Permanent Partial Impairment (PPI): If you are left with permanent problems, you will be compensated for a percentage of disability to the part of the body injured.
4. Vocational Rehabilitation: Job retraining, if you are unable to return to your normal occupation.
Temporary Total Disability
Temporary Total Disability
If you are not receiving TTD from the insurance company, I will get a report from the doctor and ask for a hearing in the Workers’ Compensation Court. The hearing is usually scheduled within 2-3 months. The judge may take up to 10 days to issue a decision.Permanent Partial Impairment
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 impairment. Your weekly checks will stop at this time. I will send you to a doctor to evaluate the extent of your PPI. About 2 weeks after you see the doctor, I will receive the report, send you a copy, and ask the court for a final hearing which should be set within 2-3 months. You also will be required to see the insurance company’s doctor and you will be paid mileage for this trip, but not for the trip to our doctor. Many times the insurance company lawyer will want to take your deposition before the trial. I will notify you of the time of the deposition should this occur. PPI is base upon your average weekly wage with a maximum of $129,600 for 100% disability to the body. Your award will be based upon the percentage of impairment the judge gives you. If you are permanently and totally disabled, you will receive up to $923 per week for up to 15 years plus medical benefits. Once I am notified of the trial date, I will send you a letter with the date of the hearing and place to meet me at the Workers’ Compensation Court here 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 medical reports. The judge issues a decision in about 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.
What about leaving the medical open?
If you settle your case, you must give up future medical benefits. However, if your injury is going to require future medical care, we can leave the case open for up to six months to enable you to apply for additional benefits.
The decision to settle your case or leave the medical open really cannot be made until you have completed your recovery and we are ready for a final hearing. I will always explain all of your options to you.
Copyright 2022 Bob Burke Attorney, Author, Historian. All rights reserved.
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308 N.W. 13th Street, Suite 200B
Oklahoma City, OK 73103
ph: 405.848.0314
fax: 405.848.0350
bob