Workers Compensation Attorney – Muskogee, OK
WHAT IS WORKERS COMPENSATION?
The Oklahoma Workers Compensation Act provides benefits to workers injured on the job or having an occupational disease regardless of who was at fault.
Basic benefits under the Oklahoma Workers Compensation Act include:
- Weekly compensation to the disabled worker. These benefits are referred to as Temporary Total Disability Benefits or TTD Benefits. An injured worker who is off work due to his or her injury normally receives 70% of their pre-injury average weekly wage.
- Payment of all reasonable and necessary medical expenses related to the injured workers injuries.
- Compensation to the injured worker if the injure results in permanent impairment. These benefits are referred to as Permanent Partial Disability Benefits or PPD Benefits.
WHO CHOOSES THE DOCTOR WHO WILL TREAT MY INJURIES?
Under Oklahoma Law, your employer or their workers compensation insurance carrier are entitled to select your treating physicians. Our Act does, however, provide the injured worker with the one-time right to request a change of the treating physician.
HOW IS MY CASE DECIDED?
The Oklahoma Administrative Workers Compensation Act establishes an Administrative System to resolve the issues which commonly arise, in a Workers Compensation case. The new Administrative Act took effect on February 1, 2014 and can be found in Title 85A Oklahoma Statutes Annotated. We have one Court in Oklahoma City and another located in Tulsa, Oklahoma. Once your case is filed, it will be assigned to a Workers Compensation Judge. If your case requires a trial, you will have the opportunity to testify and we will also introduce medical reports and evidence on your behalf. After all the evidence has been presented and the case is submitted, the Judge will prepare a written decision which will be mailed to our office. Depending on the Judge, this normally takes several weeks.
WHAT HAPPENS IF MY INJURY RESULTS IN PERMANENT IMPAIRMENT?
Under the Act, if your injury results in permanent impairment to the injured body part, you are entitled to receive permanent partial disability benefits. We will send you to a doctor who will be asked to evaluate your injury and resulting permanent impairment pursuant to the AMA Guidelines. This medical evidence will be utilized to establish your entitlement to Permanent Partial Disability Benefits or Permanent Total Disability Benefits if you are unable to return to the work force due to your injuries.
HOW IS MY CASE BROUGHT TO CONCLUSION?
Your case can be settled or tried, and both have benefits. If you choose to settle your case, you will receive a lump sum settlement. A settlement of your claim is negotiated with the Workers Compensation Insurance Carrier. Mediation is commonly utilized to help facilitate settlements.
Your case can also be brought to conclusion with a trial before an Administrative Workers Compensation Judge. You will have the opportunity to testify and we will offer medical evidence in support of your claim. Your employer will also offer medical evidence. The Judge will determine the degree of permanent impairment and award the injured worker benefits and compensation under the Act.
Finerty Law provides legal services for Workers Compensation across the state of Oklahoma, including the communities of Muskogee, Tahlequah and Wagoner.
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Michael Finerty Attorney At Law
436 Court Street
Muskogee, Oklahoma 74402-1542
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