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There is even a statute of limitations in cases based upon work-related injuries and illnesses. ing to Oklahoma Workers' Compensation Court rules, any employee who wants to file a lawsuit in court has two years to do so. Failure to comply with the law means you forfeit your legal remedies.
The good news is no, you do not lose your benefits if you are fired. Your workers' compensation benefits do not end whether your employer has fired you or laid you off.
What is the Statute of Limitations for Personal Injury Cases in Oklahoma? Oklahoma Statute §12-95 sets the statute of limitations for most personal injury cases at two years from the date of injury. Therefore, injured parties have two years to file a car accident or slip and fall accident lawsuit.
In most instances, Oklahoma plaintiffs have a two-year limit from the date of the incident in which to file a lawsuit. Exceptions include defamation (libel or slander) at one year, five years for rent and debt collection or written contracts, and three years for judgments and oral contracts.
A claim for compensation for injury (CC-Form-3) must be filed within one (1) year of the date of injury. Other types of claims for compensation have different filing deadlines. Failure to comply with the deadlines may cause the claim to be forever barred. Claims forms are on the Commission's website, .wcc.ok.gov.
In most cases, your weekly benefits are 70 percent of your average weekly wage, which is determined by dividing your gross earnings by the full number of weeks with the employer, up a maximum of 52-weeks prior to your work-accident. Lost-wage compensation is subject to a three-day waiting period.
When you are injured on the job and you are unable to work for more than 7 calendar days, you are eligible for weekly benefits amounting to 70% of your average weekly wage, up to the maximum set by law. The maximum is equal to the state's average weekly wage.
Oklahoma Workers' Compensation Commission - Open Records Request. Individuals who seek records of prior claims related to work injuries or open records may complete and submit the appropriate form below based on the type of record sought. Please note that certain fees may apply based on our Schedule of Fees.