Retaliation for Filing Workers' Comp in Oklahoma
Whether an employer in Oklahoma can fire or punish you for filing a workers' comp claim, and what you can do.
Short answer: An employer may not retaliate against an employee who in good faith filed a claim, hired a lawyer for a claim, started a proceeding, or testified or is about to testify in one. 85A Okla. Stat. § 7
| Retaliation for filing | An employer may not retaliate against an employee who in good faith filed a claim, hired a lawyer for a claim, started a proceeding, or testified or is about to testify in one. Claims go to district court, where the employer can be liable for reasonable actual damages and, if applicable, punitive damages up to $100,000, plus costs and attorney fees to the prevailing party. An employer also may not fire an employee during temporary total disability solely for being absent or to avoid paying benefits, but is not required to rehire or keep a worker who cannot perform the job after temporary total disability ends. Source: 85A Okla. Stat. § 7 |
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| Appealing a denial | A party can appeal an administrative law judge's decision to the full Workers' Compensation Commission within 10 days of issuance (filing fee $175). The Commission may reverse or modify only if the decision was against the clear weight of the evidence or contrary to law. A Commission decision can be taken to the Oklahoma Supreme Court within 20 days of being sent to the parties. Source: 85A Okla. Stat. § 78 |
Where to get help in Oklahoma
More Oklahoma workers' compensation
- Filing a Workers' Comp Claim in Oklahoma
- How Much Workers' Comp Pays in Oklahoma
- Workers' Comp Settlements in Oklahoma
- Suing Over a Work Injury in Oklahoma
- Appealing a Denied Workers' Comp Claim in Oklahoma
- All Oklahoma workers' compensation rules
FAQ
Can you be fired for filing workers' comp in Oklahoma?
An employer may not retaliate against an employee who in good faith filed a claim, hired a lawyer for a claim, started a proceeding, or testified or is about to testify in one. Claims go to district court, where the employer can be liable for reasonable actual damages and, if applicable, punitive damages up to $100,000, plus costs and attorney fees to the prevailing party. An employer also may not fire an employee during temporary total disability solely for being absent or to avoid paying benefits, but is not required to rehire or keep a worker who cannot perform the job after temporary total disability ends.
How do you appeal a denied workers' comp claim in Oklahoma?
A party can appeal an administrative law judge's decision to the full Workers' Compensation Commission within 10 days of issuance (filing fee $175). The Commission may reverse or modify only if the decision was against the clear weight of the evidence or contrary to law. A Commission decision can be taken to the Oklahoma Supreme Court within 20 days of being sent to the parties.
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.