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Oklahoma Disability Compensation

If you have been injured while on the job in Oklahoma, you face many difficult struggles in the days ahead, including the prospect of making some difficult decisions. As you do so and simultaneously work towards recovering from your injuries, you need to consider all variables that could be relevant towards getting back on your feet and into your routine.

Privett Law deals with these issues over the years, and when someone is injured on the job, he or she needs to look at what the workers’ compensation laws can offer. Specifically, injured workers could be entitled to either permanent disability compensation or temporary disability compensation, depending on the circumstances that surround the situation.

Below is a breakdown of temporary disability compensation and permanent disability compensation in Oklahoma, and for an individualized breakdown of each of these benefits, contact Privett Law today to schedule an initial consultation.

Oklahoma Temporary Disability Compensation Lawyers

There are a few steps involved with obtaining temporary disability compensation in Oklahoma, and each of these steps must be taken before any funds are released to the injured worker. Assuming the injured worker is found to be temporarily disabled, there is also an equation that’s used to determine the weekly amount of benefits that will be paid and a timeframe is set for the number of payments that will be due a worker that is found to be entitled to temporary disability compensation.

The first step for an injured worker is to receive a medical evaluation. In order to be entitled to temporary disability compensation in Oklahoma, the worker must be deemed to be unable to work for a period of at least three calendar days, and this determination is made by the examining physician.

Assuming the worker will meet that three-day limit, the next step in the determination of temporary disability compensation due to the worker is made, and this involves a somewhat complicated mathematical equation and a classification of whether the injury is to be deemed as temporary total disability or temporary partial disability.

If a worker is found to be temporarily totally disabled, then he or she is entitled to use accrued leave for the first three days after the injury, and afterwards is placed on approved leave without pay (LWOP). The state then pays the worker 70% of the Oklahoma average weekly wage (AWW), not to exceed the amounts dictated by Oklahoma workers’ compensation law, which can change from time to time.

If a worker is found to be temporarily partially disabled, he or she is allowed to return to work, and if it’s at a wage less than prior to the injury, he or she is entitled to state payments equal to 70% of the difference between the two wages, not to exceed the statutory limit.

Oklahoma Permanent Disability Compensation Attorneys

If a worker in Oklahoma is permanently disabled, this also involves a set of steps that need to be taken before benefits are determined and payments are made. The first step, as always, is a medical evaluation, and it’s during this evaluation that the examining doctor places a percentage on the amount of permanent disability from which the worker suffers. This is a somewhat subjective determination, but one that’s used to figure out the benefits payable.

After the percentage of permanent disability has been established, benefits are calculated based upon both the state's average weekly wage (SAWW) and the employee's average weekly wage (AWW). The law provides benefits equal to 100% of the employee's AWW up to 70% of the SAWW for temporary total, permanent total and death benefits. Again, these amounts can change, and there can still be a limit placed on the number of weekly payouts that will be made, which will depend on the type of injury and how it’s accounted for in the schedule that’s used by the Workers’ Compensation courts in Oklahoma.

Hire an Oklahoma Workman’s Compensation Lawyer

As you see, there are several specific steps that are always taken when one is to determine the nature and amount of temporary disability compensation and permanent disability compensation in Oklahoma. What is not mentioned is that you can challenge these findings if you do not think that they are fair.

If this describes your situation, you have every right to speak to a workers’ compensation attorney to analyze your situation. Privett Law has handled many situations in which the mere presence of any sort of disability was in question and the type of disability, temporary or permanent, that was determined.

The amounts in question can also be challenged based upon these classifications, as can the number of weekly payouts due to the injured worker. In short, you need to make sure that you’re using every available opportunity to maximize your chances for a fair recovery for temporary disability compensation and permanent disability compensation under the Oklahoma workers’ compensation laws.  The best way to do so is to contact Privett Law today to schedule an initial consultation