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State of Oklahoma Workers’ Compensation Court – New Workers’ Compensation Code For 2011

The Oklahoma workers’ compensation laws were revised in 2011. The new revisions cover everything concerning compensations and legal processes. Some of the sections in the new Oklahoma workers comp code include:

Exclusive remedy

Workers will be entitled to remedial rights instead of liability at common law, with the exception of torts and when business-owners refuse to secure workers’ compensation commitments. This also extends to intermediate employers. Also, the fact that studies show that the workplace is not a major cause of illnesses and injury will not affect the exclusive remedies found in the Oklahoma workers’ compensation.

Workers’  Compensation Court

The new Oklahoma workers comp code has allowed for the formation of a Workers’ Compensation Court comprising of 10 panelists all selected by the governor after consulting with the senate. These judges will be serving 8 year terms and can be reappointed. This section also outlines the qualification and remuneration for each of the judges as well as their responsibilities. This section also allows for at least three judges to work at the Tulsa court, allows hearings in any city in the state of Oklahoma etc. Another important thing is that the Tulsa court will need to get approval from the legislature before closing.

Discharge of employee, termination of health insurance

According to the Oklahoma workers’  compensation code, employers are not allowed to terminate or discharge an employee’s health insurance except if said employee fails to make premium payments. This is because all employees will have filed for an insurance claim, retained an Oklahoma workers’ compensation lawyer, instituted proceedings under the provisions found in the Oklahoma workers comp, testified or intends to testify and is elected to participate or not to participate in a workplace medical plan.

Medical care

The Oklahoma workers’ compensation code requires all employers to provide treatment for workers within a week of injury or sickness. If the employer fails to do so, the employee can select a hospital or clinic of his choice. This also applies to emergencies and the employer has to foot the entire medical bill.

The Oklahoma workers’ compensation code also defines a physician as a person that the state of Oklahoma recognizes as a medical doctor, dentist, proctologist, chiropractor, optometrist etc. Such people will be allowed to give testimonies during court proceedings involving compensation or otherwise.

Another important thing in this section of the Oklahoma workers’ compensation is that diagnostic tests will not be repeated earlier than half a year from the official testing date unless parties consent to it or the Oklahoma workers’ compensation court orders it.

Death benefits

The Oklahoma workers comp code also gives guidelines on what should be done in the event of an employee’s death. The code has details about how much will be awarded to a surviving childless spouse, a surviving spouse with children, children without another parent etc. The Oklahoma workers comp code also has guidelines on how to change dependents, awarding of lump sums etc.

There are many other sections in this Oklahoma workers’ compensation code that promises better working conditions and peace of mind for both employees and employers.

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