If you are injured while on the job and you are unable to work for more than three calendar days, you can receive compensation under Oklahoma’s Workers’ Compensation Insurance Program. These weekly benefits are equal to 70% of your average weekly wage. The maximum weekly temporary total disability weekly benefits are based on the date of your injury and Oklahoma’s average weekly wage. Present day maximum weekly benefits are capped.
If you become permanently disabled and your lost wages are a result of negligence of your employer or a subcontractor, you may be able to dramatically increase your payments to cover present and future income. If you have suffered a work related injury, contact one of the Tulsa Workers’ Compensation Attorneys who will review your case. He or she will determine if it is advisable to bring suit against the party or parties who are liable for your permanent disability, and subsequent loss of wages.
Your lost wages can be either very easy or very difficult to calculate. It depends upon your specific situation. Say you’re injured while performing a 40 hour a week job and your doctor tells you to take three weeks off. Your employer just has to provide documentation of what your pay would have been for those 120 hours. Of course the insurance company will require written confirmation regarding the doctor’s instructions.
More complicated issues arise with longer absences and permanent disabilities. Let’s say you been out of work, because of an injury, for four months and your doctor estimates that it will take another year for you to recover sufficiently in order to be employed at the same job position. A lot of factors come into play. Your company may not be either willing or able to hold the job for you. If that is case, at the end of your recuperation you may be unemployed and have to seek a new job. How long will it take you to obtain a new position? Will you make the same or will it be less? How about the promotions and raises you would have gotten you had stayed on the job? A Tulsa Workers’ Compensation Attorney in association with a forensic economist will prepare the calculations required to prove your future lost wages.
Under Oklahoma law, the maximum a Tulsa Workers’ Compensation Attorney can charge you in a temporary disability case is 10% of the award. In a permanent disability or death case a 20% fee is allowed. All attorney fees are subject to the court’s approval. Direct expenses, to prepare your case for settlement or trial, are not included in the percentages listed above.