Temporary Disability and Soft Tissue Injuries at Work are problematic under Oklahoma workers compensation law. Imagine this: You are working at your job, which you’ve had for many years. You know the managers and other staff well. While working you fall and injure yourself. Your employer provides you with temporary total disability in accordance with the law, no problem. However, after having your rehabilitation time, the doctor says you need surgery as the injury is more severe than initially thought. Your employer denies your claim to temporary total disability extension and refuses to cover the surgery. Do you have a legal claim at this point? We believe so.
Workers Compensation, Surgery, and Temporary Disability:
Under Oklahoma workers’ compensation laws soft tissue injuries such as bruising, sprains, etc. are subject to 85 O.S. Supp 2014 §62. This generally provides an 8 weeks paid recovery period with extensions up to 24 weeks if necessary. However, if the initial injury requires surgery, then you will be subject to 85 O.S. Supp. 2014 §45. This provides for up to 104 weeks off work while still receiving 70% of your salary or a salary equal to 70% of a minimum Oklahoma salary. So what happens if you start out with a soft tissue injury, that later needs surgery? Well, as seen in the 2016 Atwood Distributors LP v. Camp case, you may be able to move from a §62 injury to a §45 injury. Under this workers compensation case Temporary Disability and Soft Tissue Injuries are protected
Other Tulsa, Oklahoma work injury law articles:
Basically, if your soft tissue needs surgery and this is discovered within the time you are off work for temporary disability then you can file a Form 9. This is a request for surgery. The delay for surgery however, must be out of your control. If you have purposefully delayed the surgery in hopes of receiving extra paid time off, then it is considered “bad faith” and you may not receive court approval. Conversely, if you are delayed due to your employer or insurance provider refusing to honor your doctor’s recommendations then you have a valid claim.
Let our Tulsa Work Injury Attorneys Fight for You:
It is only fair that a when you face on the job injuries, you receive the medical treatment you deserve. While the system may not always play fair, we are here to ensure that in your case it does. Temporary Disability and Soft Tissue Injuries that result in surgery may result in less disability payments than what you deserve. Our Tulsa injury attorneys have fought for hundreds of clients and their due compensation. Let us use our work injury expertise to get you your payments too. First consultation is free.