Oklahoma Workers Compensation settlement benefits Settlement Benefits - Oklahoma Workers Compensation

Image
image
 

 

Settling your Oklahoma Workers' Compensation claim

versus

Trying your claim to a Judge. 

 

All workmans' compensation claims come to an end.  Under the current laws, you can agree to a specific amount of money and receive that money in a lump sum settlement

OR

you can try your case to a Judge and let the Judge decide how impaired you are.

 

Which route you take depends on many factors.  If you try your case to a Judge, the Judge will issue an order concerning the nature and extent (severity) of your injury in the form of awarding a certain amount of Permanent Partial Disability or Permanent Total Disability benefits.

 

 

Permanent Partial Disability ("PPD")

Hopefully, you will have a full recovery as many people do.  But, what if you don't have a full recovery?

PPD is calculated by multiplying two factors,

1) 70% of your average weekly wage, and

2) your degree of impairment  (Loss of function)

Impairment is expressed in a percentage of loss of function (1%, 10%, 50%), and that  percentage determines how many weeks of compensation you could receive at your weekly rate.

3) Up to a maximum of $359 per week (for injuries occurring between November 1, 2009 and October 31, 2010)

A worker's "average weekly wage" is typically computed during the Temporary Disability portion of a work comp claim.  The same wage is the basis to calculate your PPD.   

Commentary - 100% PPD would yield an absolute maximum of $179,500 at the 2009-2010 maximum rate.  A workers' compensation claim cannot live up to the perception some people have of it as a "jackpot justice" system.  We must all be vigilant to protect the rights of workers in Oklahoma.  I truly believe some of those in our State government have an agenda to enhance the profitability of insurance companies at the expense of each and every working Oklahoman including me.  Change and reform can be good, but what is happening now, including the proposed reduction of number of Judges will serve to further the long term interests of insurance companies and not average working people.

 

Permanent Total Disability ("PTD")

The Oklahoma Workers' Compensation system's definition of Permanent Total Disability (PTD) is substantially similar to the requirements to be disabled under provisions of the Social Security system and can simplified as:

The inability to engage in any substantial gainful employment given the claimant's age, education, and experience.

This is a difficult burden to prove, but we have the experience to help you prove this issue if it is appropriate for you.

PTD Rate of Compensation

PTD is calculated to be 70% of an employee's average weekly wages not to exceed the states average weekly wage ($717 effective Nov.1, 2009)

 

Social Security Disability

Social Security Disability programs adopt the same basic definition of disability.  We have seen claimants with a 5% workers' compensation impairment rating be awarded Social Security disability insurance benefits just as we have seen claimants found to be 100% disabled under Workers Comp but not be found disabled under Social Security. 

If you are unable to return to work because of your work injury or a combination of your work injury with pre-existing conditions, you should consult us  for an free evaluation as we have extensive experienced in handling Social Security claims.

 

 

Contact us

 

 

 

 

 

 

 

 

 

 

 

Affiliated sites

MMortimerLaw.com

OklahomaSocialSecurityLawyer.com

Workers' Compensation Settlement

 

   
image