In 2013, the Oklahoma Supreme Court upheld the constitutionality of a new Oklahoma workers’ compensation law that phased out the Oklahoma Workers’ Compensation Court, replacing it with an administrative system, the Oklahoma Workers Compensation Commission (OWCC), effective February 2014. The OWCC will handle workers’ compensation claims made by injured workers instead of the Workers’ Compensation Court.
The new law also authorizes employers to opt out of the state’s workers’ compensation insurance provider as long as they provide equivalent coverage for injured workers.
Workers’ compensation is an insurance program that provides compensation for disability, and medical and rehabilitation benefits, for employees injured on the job. Oklahoma state law requires employers to provide workers’ compensation insurance for their employees, even if the employer only has one part-time employee. Employers with employees in Oklahoma must provide workers’ compensation coverage except where:
- Domestic or household employees where total payroll is less than $10,000 annually.
- Agricultural or horticultural employees where total payroll is less than $100,000 annually.
- Certain licensed real estate sales persons and brokers.
- Employees covered under Federal laws.
Significant Changes to the Oklahoma Workers’ Compensation Notice
Employers must post the Oklahoma Workers’ Compensation Notice posting (CC-Form-1A) that advises employees they are covered by the Workers’ Compensation Act (WCA) and that workers’ compensation counselor services are available at the OWCC. The notice must be posted and maintained by the employer in one or more conspicuous places on the work premises. The State also provides the form in Spanish.
As of February 1, 2014, the new CC-Form-1A supersedes Form 1A, which directed affected employees to follow the Oklahoma Workers’ Compensation Court procedures instead of new OWCC procedures.
Other significant changes include:
- Accidental injury or death claim and cumulative trauma claim filing deadlines were reduced to one year of the date of injury or death. The State previously allowed two years. PLEASE NOTE: When first released, the posting stated a two-year limit. Below is the language directly from the current posting as of September 11, 2014 for clarification:
- “Diagnostic” was removed from the list of covered services provided by employers under the WCA.
- Other covered services were detailed to include:
- First aid
- Crutches and other apparatus
All Oklahoma Required Postings Available in One Format
The revised Oklahoma Workers’ Compensation Notice is included on the GovDocs Oklahoma State-on-One poster, which includes postings required for employers in Oklahoma:
- Workers’ Compensation Notice
- Your Rights – Minimum Wage Act (Statutory Language Poster)
- Your Rights – Minimum Wage Act (Plain Language Poster)
- Oklahoma Law Prohibits Discrimination in Employment
- Child Labor Law
- State Public Occupational Safety & Health
- Unemployment Insurance
- No Smoking