A Workers Comp Claim: The 4 Pillars of Roles And Responsibilities

In Oklahoma, employers are required to provide worker’s compensation if their organization employs one or more full-time/part-time workers. However, the process to file for a workers comp (as dubbed by industry professionals) is as simple. In fact, filing a claim involves multiple other people. We put together a list of important roles that workers' compensation claim entails.

The People Involved In A Workers Comp Claim

Worker

As the victim of the accident, you are the driving force behind the claim. You are required to file for the compensation as early as possible (and within the stipulated time frame). During the process, you should be able to submit ample evidence, details of the accident, details of the injury, and accounts from witnesses (if applicable). It is also considered wise to stay in touch with your employer and keep them updated. You should also clarify any questions you might have.

Employer

The employer’s primary responsibility includes providing immediate first aid following the accident. Once the employee’s condition is stable, the employer will need to document the details of the accident and injury. The Oklahoma workers comp states that the insurer should be reported to within 48 hours of the accident taking place. If somehow the injury is reported after the 48-hour period is up, the claim settlement process will grow complicated.

As the owner of the establishment, the employer will also be expected to follow some civil duties. The injured worker is to receive assistance during their recovery. If the employee is unable to resume their previous position following return to work, the employer is also tasked with finding a new role for them. The lack of security and work hazards that came to light during the incident should be addressed to prevent future mishaps.

Treating Physician

The workers comp case can sway either way depending upon the treating physician's opinion of the injury. The treating doctor is going to monitor your injury from day 1 and closely follow the recovery period. After the initial diagnosis and treatment, the doctor is responsible for determining if your injury warrants a time off from work (if yes then how long should the leave be). They are also going to decide the physical limitations (permanent or temporary) that you will need to adhere to. And finally, your treating physician will be required to testify at the worker’s compensation hearing. Their documentation of the injury and recovery process is also invaluable information to support your claim.

Workers Comp Attorney

The attorney is the claimant’s representative in front of the law. Your lawyer’s approach to the case is what brings success to your claim. They will be collecting your medical records followed by statements from the claimant, treating doctor, coworkers who may have witnessed the accident, and the employer. Having conducted exhaustive legal research, they will be asked to present their findings to the court and thus, litigate the case before the judge. A workers comp lawyer is also in charge of all legal documents, paperwork, and fine print that the case requires.

Injured On Job? Let Us Help

Foshee&Yaffe has stood by Oklahoma City’s workers for over four decades now. Founded in 1977, we have come a long way, and have learned a lot on the said way. Our attorneys will work with you to recover your rightful compensation. Schedule an appointment with us at (405) 478-3033.

**Disclaimer: This content is not to be construed as legal advice nor does it establish terms of a client-attorney relationship.