Detailed Answer
Under Oklahoma law, a lost wage claim typically proceeds through the Oklahoma Workers’ Compensation Commission. To initiate a claim, you file an Application for Hearing. The Code requires precise naming of all parties to ensure valid service and avoid dismissal. See 85A O.S. § 22.
The general rule for naming parties in Oklahoma civil actions appears in 12 O.S. § 2008. This section allows you to sue under a trade name (d/b/a), provided you also state the party’s true legal name. Therefore, when you complete your Application for Hearing, list the employer exactly as it appears in its formation documents, followed by the trade name. For example:
ABC Corporation (an Oklahoma corporation), d/b/a Quick Delivery Services
This naming convention ensures that the Workers’ Compensation Commission and the court system recognize both the entity’s legal existence and its operating name.
To verify the correct legal name, use the Oklahoma Secretary of State’s Business Entity Search: https://www.sos.ok.gov. Enter the employer’s trade name or registered agent to confirm the precise corporate or LLC name on file. Including the entity type (Inc., LLC, LLP) exactly as registered prevents service errors and delays in processing your claim.
If you discover a misnamed party after filing, you can amend your Application for Hearing. The Commission’s rules allow amendments to correct or add parties without affecting your claim’s validity, so long as you act promptly. See OAC 810:10-1-6(c). File a motion to amend and serve the corrected Application on the employer at its registered agent address. This step preserves your ability to recover lost wages under the Workers’ Compensation Code.
Accurate naming from the start speeds up service, avoids jurisdictional challenges, and helps you secure the lost wages you deserve.
Helpful Hints
- Confirm the employer’s legal name and entity type on the Oklahoma Secretary of State website: https://www.sos.ok.gov
- Always list the legal name first, then “d/b/a” and the trade name in parentheses or directly after
- If you’ve already filed, promptly file a motion to amend your Application for Hearing under OAC 810:10-1-6(c)
- Serve the corrected Application on the employer’s registered agent to ensure proper notice
- Keep detailed copies of all filings and proof of service for your records
Disclaimer: This article provides general information about Oklahoma law and is not legal advice. Consult a licensed attorney in Oklahoma for guidance specific to your situation.