Seek Treatment
Your first priority is to treat any injuries. Sometimes, it is necessary to get immediate, emergency help and seek reimbursement later.
Notify Your Employer
If you've been hurt at work, you must let your employer know as soon as possible. You have about 30 days to file your claim. Doing it later could lead to an automatic denial. Even within that time frame, filing sooner is always better. It gives you a chance to manage any potential problems quickly and get the benefits you need as early as possible.
Whenever possible, employers have a legal obligation to provide medical care within five days of receiving this notice.
Also, create a written record of your injury. This documentation can help with workers’ comp, any potential denials, and more.
Gather Evidence of Your Injury
When a workplace injury occurs, gather as much evidence as possible to prove the extent of the damages and the costs incurred.
Such evidence includes:
- Medical records
- Witness testimonies
- Receipts from all out-of-pocket expenses
- Any photo or video evidence of the injury
You can work with an attorney to help you gather this evidence.
If Your Employer Does Not Provide Treatment in Oklahoma
Maybe your employer is not fulfilling their duty, or perhaps they were unable to respond in an emergency.
If you find yourself in this situation, take action by filling out a CC-Form 3, CC-Form 3A, CC-Form 3B, or CC-Form 3C.
These are “first report of injury or illness” forms that you can file with the Oklahoma Workers' Compensation Commission. This paperwork helps ensure that you receive proper compensation and medical care for your workplace injury.
Once you file the forms, the insurance company has 15 days to confirm or deny the compensation claim.
If Your Employer Disputes the Claim in Oklahoma
If your employer denies or disputes the claim, you can file a CC-Form 9 Request for Hearing or a CC-Form 13 Request for Prehearing Conference. These requests go to Oklahoma's Workers' Compensation Commission. From there, the Commission review issues preliminary to a formal hearing.
Attend a Formal Oklahoma Hearing if Necessary
Once you request your formal hearing, all parties have until 20 days before the hearing date to exchange evidence.
Such evidence includes:
- Exhibits
- All relevant documents
- A complete list of witnesses with all opposing parties
You should have documentation of your denial, which will give reasons why your claim was not approved. Your lawyer can help you gather evidence to directly counter this claim, and you can add that to the evidence you gathered in Step 2.
Prove Your Claim at the Hearing
At the hearing, the “burden of proof” is on the worker.
Essentially, this means the employee must demonstrate that:
- The injury occurred on the job
- The injury was job-related
Here, you will present the evidence you gathered in Steps 2 and 6.
Appealing an Adverse Decision
If the decision is unfavorable, you can appeal within 10 days of the file-stamped date of the order.
From there, you may need to attend more meetings and hearing, or the appeal board will make its decision and notify you in writing. Your attorney can help you with any part of the appeal process.
Brewster & De Angelis can fight to help you receive the workplace injury compensation you deserve. If you are having trouble getting workers’ comp, contact our team online or call us at (918) 265-1214 today.