Hiring a Workers' Compensation Lawyer in Oklahoma
The limits on workers' comp lawyer fees in Oklahoma, filing deadlines, how to check a lawyer's license, and free state help for injured workers. We do not recommend or rank lawyers.
What a lawyer costs in Oklahoma: fee rules
| If a lawyer takes your money | The Oklahoma Bar Association's Clients' Security Fund may reimburse money or property taken through theft, embezzlement or wrongful conversion by an Oklahoma attorney acting as a lawyer or fiduciary, including fees paid for services never or only minimally performed. It does not cover malpractice or negligence, losses of the attorney's relatives, partners or employees, losses covered by bond or insurance, or interest and consequential expenses. The attorney must have died, been adjudged mentally ill, been disciplined, or resigned or let the license lapse after discipline, and you should first try other sources of recovery. Payment is a matter of grace, not right; the Board appropriates $100,000 per year in total, and payments are reduced proportionally if approved claims exceed that. File within five years of the loss using the Clients' Security Fund Claim Form; help: 405-416-7000 or 800-522-8065. |
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Oklahoma rules to know first
| Deadline to file a claim | A claim for an injury must be filed with the Workers' Compensation Commission within one year from the date of injury or, if the worker has received benefits, within six months from the date the last benefits were issued. Occupational disease claims generally must be filed within two years of the last injurious exposure, and death claims within two years of the death. If a timely claim is filed but the worker does not request a hearing within six months, or does not receive or seek benefits for six months, the employer can move to have the claim dismissed. Source: 85A Okla. Stat. § 69 |
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| Deadline to challenge a denial | A claim is started by filing an Employee's First Notice of Claim for Compensation with the Workers' Compensation Commission, generally within one year of the injury; if the employer contests it, any party may request a prehearing conference or hearing before an administrative law judge. A claim may be dismissed on the employer's motion if the worker does not make a good-faith hearing request, or receive or seek benefits, within six months. An administrative law judge's decision can be appealed to the full Commission within 10 days of issuance ($175 fee), and a Commission decision can be taken to the Oklahoma Supreme Court within 20 days of being sent to the parties. Read in the Oklahoma Legislature's official complete-title PDF (oklegislature.gov). Source: 85A Okla. Stat. §§ 69, 78, 111 |
| Can you sue your employer? | Generally no. Workers' compensation is the exclusive remedy against the employer and its officers, employees and owners, and a general contractor that provides coverage to a subcontractor; this immunity applies even if the worker is denied compensation. Exceptions: (1) the employer failed to secure workers' comp coverage; and (2) an intentional tort, which exists only when the employer acted with willful, deliberate, specific intent to cause the injury (knowing injury was substantially certain is not enough). In those cases the worker may proceed either before the Workers' Compensation Commission or in district court, but not both. Read in the Oklahoma Legislature's official complete-title PDF (oklegislature.gov). Source: 85A Okla. Stat. § 5 |
| Suing someone other than your employer | Yes. Filing a workers' comp claim does not affect the worker's right to sue a third party. The employer or its insurer is entitled to reasonable notice and a chance to join the suit. From any third-party recovery, reasonable fees and costs of collection are deducted first; the employer or insurer then receives two-thirds of the remainder or the amount of its workers' comp lien, whichever is less, and the rest goes to the worker. The employer or insurer may also sue the third party itself after notifying the worker in writing of the right to hire a private attorney. Read in the Oklahoma Legislature's official complete-title PDF (oklegislature.gov). Source: 85A Okla. Stat. § 43 |
Find and check a lawyer
| Lawyer referral service | The Oklahoma Bar Association's "Find a Lawyer" directory is a voluntary, opt-in listing of Oklahoma attorneys that the public can search by practice area, location, language and name. Not every licensed attorney is listed, and the OBA does not endorse or certify listed attorneys. OBA phone: (405) 416-7000 or toll-free (800) 522-8065. |
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| Check that the lawyer is licensed | The Oklahoma Bar Association's Member Verification search lets anyone look up attorneys by name, Bar ID or city. Each listing shows the lawyer's name, city and state, Bar ID, membership type (such as Active, Retired or Senior), status (such as Good Standing) and admission date. If you can't find an attorney, call 405-416-7000. |
| Check discipline history or file a complaint | Complaints about Oklahoma lawyers go to the Oklahoma Bar Association's Office of the General Counsel, P.O. Box 53036, Oklahoma City, OK 73152-3036, (405) 416-7007. By law a complaint must be in writing and signed; a form is not required but can be downloaded or requested. Give specific details (dates, what you hired the lawyer to do, and what the lawyer did or failed to do) and send copies, not originals, of supporting papers. The office reviews the complaint, dismisses it if no violation is alleged, or investigates (which may include the lawyer's response); if evidence supports violations, the matter may go to the Professional Responsibility Tribunal, which makes recommendations to the Oklahoma Supreme Court. Complaints are confidential unless public discipline is imposed. The OBA cannot give legal advice or intervene in your case. |
Free legal help
| Free legal aid | Legal Aid Services of Oklahoma (LASO) helps low-income Oklahomans with civil, non-criminal legal issues. Apply online or call 1-888-534-5243; LASO asks about income, household size and the legal issue before deciding whether to take the case. LSC lists Legal Aid Services of Oklahoma and Oklahoma Indian Legal Services as its Oklahoma grantees. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in Oklahoma · Background guide
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.