Workers' Comp Settlements in Oklahoma
Whether a workers' comp claim can be settled in Oklahoma, who must approve the settlement, and how long benefits can last.
Short answer: Yes. When the worker and employer agree to a full, final and complete settlement of any issue, they sign a form called a "Joint Petition," which must be approved by the Workers' Compensation Commission or an administrative law judge and filed with the Commission. 85A Okla. Stat. §§ 115, 116
| Settlements | Yes. When the worker and employer agree to a full, final and complete settlement of any issue, they sign a form called a "Joint Petition," which must be approved by the Workers' Compensation Commission or an administrative law judge and filed with the Commission. Issues left open must be listed in a signed, approved appendix. Absent fraud, an approved Joint Petition is binding and is a final adjudication of the worker's rights. Permanent total disability awards cannot be converted to a lump-sum payment. Source: 85A Okla. Stat. §§ 115, 116 |
|---|---|
| How long benefits last | Temporary total disability is paid for up to 156 weeks; an administrative law judge may allow up to 52 more weeks if a consequential injury occurred and more time is medically needed (shown by clear and convincing evidence). The employer may end temporary total benefits when the worker is released from active medical treatment, or if the worker abandons or does not comply with medical care. Temporary partial disability may not exceed 52 weeks. Permanent partial disability is limited to a 100% rating to any body part or the body as a whole, with the whole body equal to a maximum of 360 weeks. Permanent total disability is paid while the disability continues until the worker reaches the age for maximum Social Security retirement benefits or for 15 years, whichever is longer. Scheduled-member week counts are in 85A Okla. Stat. § 46. Source: 85A Okla. Stat. § 45 |
Where to get help in Oklahoma
More Oklahoma workers' compensation
- Filing a Workers' Comp Claim in Oklahoma
- How Much Workers' Comp Pays 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 do workers' comp settlements work in Oklahoma?
Yes. When the worker and employer agree to a full, final and complete settlement of any issue, they sign a form called a "Joint Petition," which must be approved by the Workers' Compensation Commission or an administrative law judge and filed with the Commission. Issues left open must be listed in a signed, approved appendix. Absent fraud, an approved Joint Petition is binding and is a final adjudication of the worker's rights. Permanent total disability awards cannot be converted to a lump-sum payment.
How long can you receive workers' comp in Oklahoma?
Temporary total disability is paid for up to 156 weeks; an administrative law judge may allow up to 52 more weeks if a consequential injury occurred and more time is medically needed (shown by clear and convincing evidence). The employer may end temporary total benefits when the worker is released from active medical treatment, or if the worker abandons or does not comply with medical care. Temporary partial disability may not exceed 52 weeks. Permanent partial disability is limited to a 100% rating to any body part or the body as a whole, with the whole body equal to a maximum of 360 weeks. Permanent total disability is paid while the disability continues until the worker reaches the age for maximum Social Security retirement benefits or for 15 years, whichever is longer.
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.