Employment Law Information

Accidents can happen anytime – even when you are at work. Perhaps you slipped on a wet floor, or you sustained some form of injury while you were performing your work. When these things happen, you can actually apply for workers’ compensation.

Most especially when a work is considered a high risk, the workers’ compensation laws dictate that there should be a replacement income as well as medical care for the injured employee. Workers Compensation laws also ask as a trade-off. The injured employee gets paid in exchange for not suing the company. In effect, it sets a win-win situation for both parties.

Workers compensation benefit varies from one state to the next but is usually paid via a workers compensation provider. Most of the time, this provider is an insurance company. However, before you are able to claim for compensation benefit, you would need to prepare several things.

The first thing that you need to do is to inform your employer about the injury. It would also be a good idea to take pictures of the injury as well as where the injury had taken place. Although most of the time a written claim form is not required, situations involving weekly payments for more than three months as well as payments of more than $7,500 might call for one.

It would now be the responsibility of the employer to inform the insurance provider about the injury. Once this has been done, the insurer will commence provisional liability payments while investigating facts. The results of the investigation would determine whether payments would still continue. It is during this time that pictures of your injury as well as hospital records can support your claim.

The insurance provider would usually be able to give a definite decision within twenty one days after being informed or before the provisional liability payment ends. Whether your claim gets approved generally rests on the provisions of the Workers Compensation Act of 1987 which set the basic requirements of what could be approved – (1) the injured is a “worker”, (2) injury is work-related, and (3) work plays a major factor in the cause of the injury.

Of course, in order to work around all of this seamlessly you would need to get a good lawyer. A good workers compensation lawyer can help you build your case as well as negotiate with the insurance provider. You would also need one in case the insurer stops making provisional payments and you would like to contest their decision. There is no need, however, to worry about the costs since most lawyers work on a contingent fee – if they win the case, they would be able to get a certain percentage (usually between 30% to 40%) of the award. If they lose, they do not get anything.

When looking for an Oklahoma workers compensation lawyer, you can start your search via member organizations and referral services. Keep in mind, however, that some lawyers or groups might require a referral fee. There are also a number of online directories that can give you the contact details of a workers compensation attorney in your area.

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