Exploring the Differences Between Workers’ Compensation and Personal Injury Claims in Oklahoma City
If you are injured, you may be able to file a claim for financial compensation. The type of claim you file and what damages can be paid to you will depend largely on how your accident happened and where it happened.
Personal injury claims and Oklahoma workers’ compensation claims are not the same. There are key differences that exist between these two legal actions. Knowing which is appropriate in your situation, or if you can file both claims for maximum compensation is something that an attorney can help you with. The personal injury and workers’ compensation claims process can be confusing and complicated. An attorney can answer your questions, provide legal representation, and help you throughout the entire claims process.
The Oklahoma City injury attorneys at Putnam Law Office explain more about personal injury and worker’s compensation claims.
Comparing Workers’ Compensation Claims and Personal Injury Claims in Oklahoma
When you are hurt, you may wonder what your legal options are to recover monetary compensation for your losses. Consider the following legal avenues that may work for your particular situation:
Workers’ Compensation
Workers’ compensation insurance is something that your employer should have covering them in the case that an employee is injured at work or while doing their job. This means, that an employee does not have to be at the workplace to be injured and eligible for workers’ compensation benefits. If they are engaging in the duties of their job at the time that they are injured, they may be entitled to benefits here too.
Oklahoma workers’ compensation laws indicate that employees who suffer workplace injuries or illness may file a claim with their employer’s insurance and seek damages such as:
- Medical expenses
- Portion of lost wages
- Disability
- Vocational rehabilitation
- Job placement assistance
- Death benefits for surviving spouse or dependents
Workers’ compensation claims typically do not pay injured workers for damages like pain and suffering or emotional distress.
Injured workers have 30 days from the date their workplace accident took place to notify their employer. Medical treatment can be obtained immediately but an employer can decide who the treating physician is. If an injured worker wants to change their doctor, they may file to do this one time.
Personal Injury Claim
When a negligent party causes your unintentional injury accident, then you may file a claim against their insurance. You may seek damages for the full amount of losses you suffered including:
- Lost wages
- Pain and suffering
- Loss of consortium
- Property damages
- Medical expenses
If you were responsible for causing your accident, it is still possible to obtain compensation under Oklahoma’s fault laws. As long as you were less than 50% responsible you can recover compensation but the amount you receive would be reduced by the percentage of fault you had in causing your accident.
Typically, a worker injured at their job or doing their job would file a workers’ compensation claim only. However, if third-party negligence was also a factor in a workplace injury accident then an injured worker may be able to file both a workers’ compensation claim and a personal injury claim.
Speak to an Attorney at the Putnam Law Office Today
Do you have a claim you would like assistance with? Call an Oklahoma personal injury lawyer at the Putnam Law Office today at (405) 849-9149 to schedule a free consultation.