Detailed Answer
This article explains how to claim lost wages from more than one job after a work-related injury in Oklahoma. It’s not legal advice—just an overview to help you understand your options under Oklahoma workers’ compensation law.
1. Confirm Coverage Under Oklahoma Workers’ Compensation
Oklahoma law generally requires that employers with three or more employees carry workers’ compensation insurance. If you were injured while performing job duties for any covered employer, you may qualify for wage-loss benefits.
2. Understand Multi-Employer Wage Calculation
When you work for more than one employer at the time of injury, Oklahoma calculates your average weekly wage by combining earnings from each job. Under 85 O.S. § 3, the formula adds gross wages, commissions, bonuses and other remuneration from all covered employers over the 52 weeks preceding the injury and then divides by 52. See 85 O.S. § 3: https://www.oklegislature.gov/Statutes/Title85/85-3.html.
3. Report the Injury Immediately
- Notify each employer in writing within seven days of the injury (you must give actual notice to preserve benefits).
- Request a claim form or file electronically with the Oklahoma Workers’ Compensation Commission.
4. File Your Claim
Complete Form 3A (Employee Claim for Compensation) and provide:
- Copies of pay stubs or wage statements from each employer for the prior 52 weeks.
- Medical reports confirming the work-related injury.
- Employer contact information and insurance carrier details.
Submit the claim to the Workers’ Compensation Commission and serve copies on each employer and their insurer.
5. Attend All Medical Appointments and Hearings
Your benefits depend upon timely medical evaluations. The Commission may schedule a preliminary hearing where you or your attorney can explain why you’re entitled to wage benefits from multiple employers.
6. Appeal Denials or Disputes Promptly
If an employer or insurer denies part of your claim, you can request an administrative hearing. The statute of limitations for filing a claim is generally two years from the date of the injury (85 O.S. § 12). See: https://www.oklegislature.gov/Statutes/Title85/85-12.html.
Helpful Hints
- Gather all pay records before filing to ensure accurate wage calculation.
- Keep a copy of every notice and claim form you submit.
- Follow up in writing if an employer fails to acknowledge your injury.
- Ask your treating physician to document how your injury prevents you from working each job.
- Consider consulting an attorney if your claim is complex or disputed.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice about your specific situation.