Suing Over a Work Injury in Oklahoma

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.

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.

If the employer failed to secure workers' comp coverage, the exclusive-remedy protection does not apply: the injured worker (or legal representative in a death case) may choose either to claim compensation before the Workers' Compensation Commission or to sue the employer for damages in district court, but not both. Failing to secure coverage is a misdemeanor with a fine of up to $10,000, and the Commission may also assess civil penalties of up to $1,000 per day (up to $50,000 for a first violation) and seek a court order stopping the employer from operating until it obtains coverage.