Tulsa Workers Compensation Lawyer Helping Workers With Back Injuries
Last year, Oklahoma passed a sweeping new Workers’ Compensation law. This new law established an administrative system for the processing of claims. Under this new system, an administrative Law Judge decides disputed claims. This Judge is appointed by the Governor to the Oklahoma Workers’ Compensation Commission. Appeals will be heard by the three Commissioners. The types of injuries covered have not changed. Its the process and some of the benefits that changed under the new law.
Back Injuries and Oklahoma Workers Comp:
Back injuries in particular can result in long-term, if not permanent, disability for an employee. Different types of accidents can cause these injuries. Some jobs, such as warehouse jobs, construction jobs, or inventory stocking jobs, require repetitive lifting. When certain muscles are in use repeatedly a back injury can emerge.
Back injuries can also result from slip and fall accidents. This can be caused when employees must climb in order to complete work tasks. If an employee falls to the floor from even a few feet above ground this causes serious injury. It’s not uncommon for that person to sustain some sort of back injury from the fall. Even employees that have more sedentary jobs can fall on a wet floor and injure their spine. Jobs requiring employees to drive can also be a source of back injuries. Especially if the employee suffers an on-the-job car accident. Our Tulsa workers compensation lawyer can help you win your back injury case.
Report The Oklahoma Work Injury To Preserve The Claim:
If an employee sustains a back injury on or after February 1, 2014, under the new system he must notify the employer within 30 days of the injury. Within 10 days of knowledge of a work-related injury, the employer must file a report with the Commission if the employee missed more than 3 days of work as a result of the injury. This report is not a claim, and it does not protect the rights of the employee. The Commission will send the employee a notice about the availability of counseling and mediation. Within 15 days of being notified of the injury, the employer must inform the employee of its decision as to whether to accept or deny the claim.
If the employer refuses the claim, the employee can seek mediation. If mediation fails, the employee must file a claim for compensation for the injury within one year. The case is assigned to an Administrative Law Judge for a hearing. The judge must issue an order within 30 days. If either party disagrees with the order, they can, within 10 days, request for the Commission to review the order. Once the Commission issues a decision, any subsequent appeal must go to the Oklahoma Supreme Court.
Entitlement To Disability Payments For On The Job Back Injuries:
Should an employee succeed in his claim for workers’ compensation for a back injury, he may be entitled to payments for medical care, rehabilitation, temporary total disability, temporary partial disability, permanent partial disability, permanent total disability, and disfigurement. If the worker died as a result of the injury, his survivors can receive death benefits. Under the new system, the amounts and duration of some of these benefits have changed, as well as the time frames for notices and filings, etc. It is however, impossible to provide a complete explanation of the claims process and its requirements without knowing the details of a particular case.
If you’ve suffered a back injury at work we can help. Our Tulsa workers compensation lawyer has experience with all back injury cases. Let our experience in Oklahoma workers compensation law give you the legal advantage. You don’t have to go it alone against the insurance company attorneys and adjusters. Call our Tulsa Workers Compensation Lawyer.