Legal Law

Workers’ Compensation Rights – Understanding the Workers’ Compensation Rights of Employers and Employees

Many of us put in our 40 or so hours of work each week. Do we stop to think what would happen if we had an accident at work? Many of our jobs don’t require physical stamina, but mishaps can still happen. Knowing what workers’ compensation rights are before they are needed will benefit both the employer and the employee.

Each state has established a unique set of rights for both the employer and the employee if a bodily injury event occurs. Each employer must provide a copy of these rights to their employees; The information is typically provided at the time of hire and is posted where all employees can see it. It is not imperative that the rights be read, although they should be, it is a good idea to know that workers’ compensation rights exist and how to get the proper assistance if needed.

In the event of bodily injury occurring during work hours and during business hours, one’s immediate supervisor should be contacted as soon as possible. It is imperative that the employer knows about the incident. This may sound like a waste of time, especially if the damage is minor, but it really isn’t. The incident should be noted on the employee log for future reference, this is in case the injury becomes more serious and appropriate medical care can be provided under state workers’ compensation rights laws.

If an injury occurs and the assigned workers’ compensation doctor indicates that the employee must be off work for a certain amount of time, the employee may receive financial benefits. The financial payments that are generated are based on the average weekly salary of the worker. For the State of Oklahoma and, the most current (year 2010) Permanent Partial Disability or PPD rate of the State of Oklahoma is computed at 70% up to a maximum of $323.00.

Oklahoma workers’ compensation rights are provided by the Oklahoma Workers’ Compensation Law, which follows current state legislative and judicial changes. If circumstances require additional funds or funds are denied, the employee may file an appeal. Depending on the situation, legal advice may be necessary to help fully understand the laws, as well as the steps that must be taken to appeal to the State.

It is important to find an attorney who knows both common law and state workers’ compensation law, as this will make the appeal process run smoothly within the court system and the employee will be more likely to receive a higher settlement. What if they appealed themselves?

Being unable to work due to an injury that occurred while on the job is not what any employee or employer wants to see happen. Understanding workers’ compensation rights is beneficial so that, in the event of a mishap, the financial compensation process is less stressful and moves at a faster pace. Having an attorney, if needed, who can help you make the most of your workers’ compensation rights, whether for the employee or the employer, is key to everyone’s success in the case.

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