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The Division of Workers' Compensation (DWC) monitors the administration of workers' compensation claims, and provides administrative and judicial services to assist in resolving disputes that arise in connection with claims for workers' compensation benefits.
These benefits are calculated as 70% of the difference between your pre-injury average weekly wages and your current earnings. However, the combination of your actual earnings and your TPD benefits may not add up to more than the TTD rate.
To file for workers' compensation, you will need to file Form 3 "Employee's First Notice of Accidental Injury and Claim for Compensation" with the Oklahoma Workers' Compensation Court. Your employer may also file this form on your behalf, directly with their insurer or the court.
Although you cannot get pain and suffering from workers' compensation, you can request other non-economic damages should you file a claim or lawsuit against your employer.
Workers compensation in Oklahoma is a no-fault system. You may qualify for workers comp benefits even if you were wholly or partially at fault for your injury or illness as long as it arose from your employment. However, if you were intoxicated at the time of the incident, an employer can deny your claim.
DWC-7 Notice to Employees-Injuries Caused by Work (English and Spanish). This form provides your employees with information regarding workers' compensation benefits and the Medical Provider Network (MPN) in California.
You may receive TTD benefits for as long as you are unable to work, subject to certain limitations. The maximum duration of TTD benefits is 156 weeks, unless there is a consequential injury, in which case the Court may award an additional 52 weeks.
If an employee asks, How long can you stay on workers comp? or How long is workers comp? the answer is three to seven years as a rule of thumb. However, there is typically no time limit for permanent disability.
Form CA-7 is used by federal workers seeking to claim compensation for traumatic injuries suffered while on the job, as well as those who may have sustained an occupational disease during the performance of work-related duties. This form may be filled online, or downloaded and filled offline.
It is important to know that if you terminate an employee while receiving workers' compensation benefits, they are still entitled to receive those benefits. The benefits do not terminate with their employment.