Construction Site Injuries in Oklahoma
Whether an injured construction worker in Oklahoma can sue beyond workers' comp, any scaffold or height-safety law, and the deadline to sue.
Short answer: Injured construction workers are generally limited to workers' compensation against their employer. The exclusive-remedy rule covers the employer, including a general contractor that provides coverage to a subcontractor, and architects, engineers and surveyors on a construction site are… 85A Okla. Stat. §§ 5, 43
| Construction site injuries | Injured construction workers are generally limited to workers' compensation against their employer. The exclusive-remedy rule covers the employer, including a general contractor that provides coverage to a subcontractor, and architects, engineers and surveyors on a construction site are treated as principal employers (except for negligent design plans). It does not protect another employer on the same job who is not an intermediate or principal employer of the injured worker, and it does not apply to an employer without coverage or to an intentional tort. The worker may also sue third parties, subject to the employer's or insurer's lien. Read in the Oklahoma Legislature's official complete-title PDF (oklegislature.gov). No New York-style scaffold statute was located; a full-code review was not done. Source: 85A Okla. Stat. §§ 5, 43 |
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| Fault rule (comparative negligence) | Modified comparative negligence (51% bar). An injured person's own negligence does not bar recovery unless it is of greater degree than the negligence of the person causing the harm, or greater than the combined negligence of all persons causing it. The statute covers personal injury, wrongful death and property damage claims. Source: 23 Okla. Stat. § 13 |
| Deadline to sue for an injury | Two years for an action for injury to the rights of another not arising from a contract, which covers most negligence-based injury claims. Assault, battery, libel, slander, malicious prosecution and false imprisonment have a one-year deadline. |
More Oklahoma personal injury & wrongful death
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- Wrongful Death Lawsuits in Oklahoma
- Medical Malpractice Rules in Oklahoma
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- Slip, Trip and Fall Injuries in Oklahoma
- Sidewalk and Public Property Falls in Oklahoma
- Motorcycle Accident Claims in Oklahoma
- Pedestrian Accident Claims in Oklahoma
- Bicycle Accident Claims in Oklahoma
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- All Oklahoma personal injury & wrongful death rules
FAQ
Can you sue for a construction accident in Oklahoma?
Injured construction workers are generally limited to workers' compensation against their employer. The exclusive-remedy rule covers the employer, including a general contractor that provides coverage to a subcontractor, and architects, engineers and surveyors on a construction site are treated as principal employers (except for negligent design plans). It does not protect another employer on the same job who is not an intermediate or principal employer of the injured worker, and it does not apply to an employer without coverage or to an intentional tort. The worker may also sue third parties, subject to the employer's or insurer's lien.
Can you recover damages if you were partly at fault in Oklahoma?
Modified comparative negligence (51% bar). An injured person's own negligence does not bar recovery unless it is of greater degree than the negligence of the person causing the harm, or greater than the combined negligence of all persons causing it. The statute covers personal injury, wrongful death and property damage claims.
What is the statute of limitations for personal injury in Oklahoma?
Two years for an action for injury to the rights of another not arising from a contract, which covers most negligence-based injury claims. Assault, battery, libel, slander, malicious prosecution and false imprisonment have a one-year deadline.
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.