MEDICAL TREATMENT

Workers' Compensation covers 100% of reasonable and necessary medical treatment related to your work injury.  Of course, insurance companies have a conservative interpretation of what is 'reasonable and necessary' medical treatment. Plus, under Oklahoma law, your employer gets to choose your doctor. So you can't just go to your primary care physician and run up a large medical bill without authorization.   

However, if your employer fails to provide you medical care within 5 days of your injury, you can go to any doctor you want. If you do get treatment from from a company doctor you have the right to a change of physician. It's not something you just decide to do, it has to be authorized. Call me (918) 991-9983 and I will explain the process in filing for a 'Change of Physician'. 

In any event, medical treatment is the most important benefit. It includes what your treating doctor prescribes, e.g. prescriptions, physical therapy, surgery. etc. Always request medical treatment if you get hurt at work.

TEMPORARY TOTAL DISABILITY

If your treating doctor takes you off work because of your work injury, or gives you work restrictions your employer cannot accommodate, you are entitled to temporary total disability (TTD) which is 70% of your average weekly wage.

You are not entitled to this benefit for the first 3 days after your injury. This is why it is common for your employer's doctor to take you off work for only 3 days.

If you have been off work under these circumstances for more than 2 or 3 weeks and still have not received a check, call me. Make sure your employer gets a copy of your doctor's 'off-work' slip.

​You will stop receiving TTD when your doctor releases you back to work or your employer has a job for you that does accommodate your restrictions. You cannot refuse a job that accommodates your restrictions and continue to collect TTD instead.

You cannot collect TTD if you have applied for, or are collecting unemployment. You cannot collect TTD if you are working. Any TTD checks you receive and cash while working or collecting unemployment you will have to pay back. You could also be charged with felony fraud if you intentionally continue to collect TTD and unemployment at the same time. So be careful.

As mentioned earlier, your TTD rate is 70% of your average weekly wage. But there is a maximum rate that TTD cannot exceed. The current max TTD rate is $1,083.46. This means if you made a million dollars a week and were taken off work due to a work injury, your weekly check would be $1,083.46. If you made $100 a week your weekly check would be $70.

There is a limit on the number of weeks you can collect TTD. Currently the max is 156 weeks unless you have sustained a consequential injury, in that case your treating doctor could keep you off work for an additional 52 weeks if more time is needed before you can be released to work.

However, if your injury is a soft tissue (sprain/strain) injury, you are only entitled to 8 weeks of TTD. But if your doctor recommends surgery you are eligible for an additional 16 weeks.

You get an extra 8 weeks of TTD for having injections. And finally, hernia injuries are limited to only 6 weeks of TTD.

TEMPORARY PARTIAL DISABILITY

TPD is a benefit paid to make up for a partial loss of income. If a worker works 40 hours a week and after being injured his/her treating doctor temporarily prescribes he/she only work 20 hours a week, then that worker is entitled to a weekly TPD check to compensate for the less income.  Likewise, if a worker has a second job (same or similar as the job he/she was injured at) and is unable to work that job because of the work injury, then the worker can be compensated for the loss of income from not working the second job.

PERMANENT PARTIAL DISABILITY

PPD is a benefit paid by workers' compensation once you have been released from medical treatment. It is intended to compensate an injured worker for the things he/she cannot do now that he/she could do before the injury. How much PPD you get depends on what body parts were injured, what your TTD rate was (how much you made a week) and any PPD rating given by a physician. This isn't as complicated as it reads. I urge you to check out the benefits chart on the Commission's website or to call or text me at 918-991-9983 and I will explain how much PPD you will probably receive and why.

CONTINUING MEDICAL MAINTENANCE

This is not the same thing as medical treatment. This is usually for injury victims that require maintenance to regulate their pain after being released from treatment. This is prescribed by their treating physician and is usually in the form of periodic doctors appointments (every 3 to 4 months) for pain mediation.

JOB RETRAINING

Vocational Rehabilitation (job retraining) is a workers' compensation benefit injured workers are entitled to when they have been released from medical treatment and given permanent restrictions that prohibit them from performing the same duties required for the job they had when they sustained their injury. 

Your attorney may send you for a vocational evaluation report or the Commission may order one. An evaluation takes into consideration your physical limitations, e.g., bending or weight lifting restrictions. It also considers your education and your interests among other factors.

Your evaluation report will recommend employment you are retrainable for and suggest courses required for said employment, e.g. a computer class.

PERMANENT TOTAL DISABILITY

Permanent total disability is payable if an injured worker is incapable of returning to any form of gainful employment based upon his or her education or experience. PTD is typically paid in a weekly amount, currently set at 70% of the injured worker's average weekly wage, but capped at 100% of the state's average weekly wage. A claimant may receive permanent total disability benefits for a period of fifteen (15) years, or until such time as the employee reaches the age of maximum Social Security retirement benefits, whichever period is longer.

DEATH BENEFITS FOR FAMILY MEMBERS

A surviving spouse and dependent child or children of a worker whose death results from a compensable injury are entitled workers' compensation benefits.

Surviving Spouse: If there is a surviving spouse only, he or she is entitled to a lump-sum payment of one hundred thousand dollars ($100,000.00) and seventy percent (70%) of the lesser of (1) the deceased employee's average weekly wage and (2) the state's average weekly wage. In addition to other benefits paid or due, two (2) years' indemnity benefit is due in one lump sum to the surviving spouse upon remarriage. 

Surviving Spouse and a child or children: where there is a surviving spouse and one or more children, a lump sum payment of twenty-five thousand dollars ($25,000.00) and fifteen percent (15% of the lesser of the deceased employee's average weekly wage and the state average weekly wage to each child.) If there are more than two children, each child receives Modified 12/6/19 a proportional share of fifty thousand dollars ($50,000.00) and thirty percent (30%) of the deceased employee's average weekly wage.

MILEAGLE REIMBURSEMENT

You are entitled to mileage reimbursement for your travel to and from your doctor's visits and other mandatory appointments. The current mileage reimbursement rate as of January, 2025, is $0.70 per mile. Most smart phones are capable of keeping track of your mileage for specific activities. However, I am happy to provide you with my office mileage reimbursement sheet. It's old school, but a great way to keep track of your mileage for work comp as well as the IRS.

PSYCHOLOGICAL OVERLAY

This a benefit usually in the form of medical treatment for depression and anxiety that arises from a physical work injury. I emphasize 'physical' because this does not cover depression or anxiety that stems from a stressful work environment. This benefits compensates injured workers with depression (or other mental condition) arising from a physical work injury. This happens more often than you may think. Especially when an injured worker has been off work for awhile and starts to go a little stir crazy.