Some states require only employers with a certain number of employees to carry workers’ compensation insurance, or they make exceptions for employers in certain industries. Oklahoma is not one these states. Oklahoma’s laws regarding workers’ comp are fairly straightforward and say, more or less, than any employer who has at least one employee, full or part time, must have workers’ compensation insurance. This is true for employers in both the public and private sectors. If you were injured on the job in Oklahoma , your employer’s insurance company is required to pay for your medical expenses, lost wages, and vocational rehabilitation. That said, just because the law requires it does not mean that denials do not occur.
If your workers’ compensation claim was denied in Oklahoma, you are not without options. Contact Boettcher, Ingle, Devinney, & Wicker Law, to discuss your options for recovery today.
Factors That May Result in a Denial
If your injury occurred in the course and scope of your employment, you should be able to recover workers’ compensation without issue. However, like any insurance company, workers’ compensation companies do not want to have to pay out claims. If they find a reason for denial, no matter how small, they will take advantage of it. Some common reasons that workers’ comp claims get denied are as follows:
● Your injury was unwitnessed;
● You did not report your injury within the specified timeframe;
● There is a discrepancy between your accident report and your intial medical report;
● Your initial medical records indicate that there were illicit drugs or alcohol in your system at the time of the accident;
● You filed a workers’ comp claim after you were fired or let go; and/or
● You did not give the insurance company a recorded statement and/or refused to sign medical authorizations.
Sometimes, reversing a decision is as simple as changing the wording of your claim. Other times, the fix is much more complex and may involve a thorough investigation into the incident and what led up to it. Our public employees attorneys at Boettcher, Ingle, Devinney, & Wicker Law are prepared to do what it takes to fight the denial and ensure the best possible outcome.
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Damages You May be Eligible to Recover
Damages that you can recover in a workers’ comp case are limited to strictly economic damages. Unlike in personal injury cases, you cannot collect money for your pain and suffering, loss of enjoyment of life, etc. Depending on the scope of your injuries, you may be able to recover one or more of the following types of damages:
● Medical expenses;
● Lost wages;
● Vocational rehabilitation;
● Temporary Total Disability; and/or
● Permanent Partial Impairment.
If an injury results in death, the worker’s spouse or surviving dependents may be able to recover death benefits. Spouses typically receive a lump sum benefits payment while dependent children receive weekly benefits based on the average wages the deceased worker earned.
Contact an Oklahoma Public Employees Lawyer Today
Whether you work in the public sector or the private sector, you should be covered by workers’ compensation insurance. If you are having trouble collecting compensation for your damages, or if your employer does notcarry workers’ comp, contact Boettcher, Ingle, Devinney, & Wicker Law, to discuss your options for recovery with our public employees attorneys today.
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