Filing a Workers' Comp Claim in Oklahoma
The deadlines to report a work injury and file a claim in Oklahoma, how to file, and how to appeal a denial.
Short answer: Unless the worker gives oral or written notice to the employer within 30 days of the date of the injury, there is a rebuttable presumption that the injury was not work-related, which the worker must overcome by a preponderance of the evidence. 85A Okla. Stat. §§ 63, 67, 68
| Deadline to report the injury | Unless the worker gives oral or written notice to the employer within 30 days of the date of the injury, there is a rebuttable presumption that the injury was not work-related, which the worker must overcome by a preponderance of the evidence. For an occupational disease or cumulative trauma, notice is due within 30 days of separation from employment to avoid a similar presumption, and written notice must be given within six months after the first distinct manifestation of the condition (or within six months after death). The employer must report the injury to the Commission within 10 days of receiving notice. Source: 85A Okla. Stat. §§ 63, 67, 68 |
|---|---|
| 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 |
| How to file | A claim for benefits begins when the worker files an Employee's First Notice of Claim for Compensation with the Oklahoma Workers' Compensation Commission, signed by the worker (and agent, if any) and stating that its contents are true. If the employer disputes the claim, it files a Notice of Contested Issues. The Commission runs a counselor/ombudsman program that helps injured workers without needing a lawyer (855-291-3612 in state, or 405-522-5308). |
| 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
- How Much Workers' Comp Pays in Oklahoma
- Workers' Comp Settlements in Oklahoma
- Retaliation for Filing Workers' Comp in Oklahoma
- Suing Over a Work Injury in Oklahoma
- Appealing a Denied Workers' Comp Claim in Oklahoma
- All Oklahoma workers' compensation rules
FAQ
How long do you have to report a work injury in Oklahoma?
Unless the worker gives oral or written notice to the employer within 30 days of the date of the injury, there is a rebuttable presumption that the injury was not work-related, which the worker must overcome by a preponderance of the evidence. For an occupational disease or cumulative trauma, notice is due within 30 days of separation from employment to avoid a similar presumption, and written notice must be given within six months after the first distinct manifestation of the condition (or within six months after death). The employer must report the injury to the Commission within 10 days of receiving notice.
What is the deadline to file a workers' comp claim in Oklahoma?
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.
How do you file a workers' comp claim in Oklahoma?
A claim for benefits begins when the worker files an Employee's First Notice of Claim for Compensation with the Oklahoma Workers' Compensation Commission, signed by the worker (and agent, if any) and stating that its contents are true. If the employer disputes the claim, it files a Notice of Contested Issues. The Commission runs a counselor/ombudsman program that helps injured workers without needing a lawyer (855-291-3612 in state, or 405-522-5308).
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.