Recovering Lost Wages After an Accident in Oklahoma

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.

Detailed Answer

When an accident-related injury prevents you from working, Oklahoma law provides several avenues to recoup lost earnings. Understanding each option helps you choose the best path for your circumstances.

1. Personal Injury Claim

If someone else’s negligence caused your accident—such as a drunk driver or a property owner’s unsafe conditions—you may file a personal injury lawsuit in civil court. Through this claim, you can recover past and future lost wages, along with medical expenses and other damages. While Oklahoma codifies procedural rules in Okla. Stat. tit. 12, damages for loss of earnings stem from general tort law and case precedents.

2. Workers’ Compensation

If you were injured on the job or while performing work duties, you can seek benefits under Oklahoma’s Workers’ Compensation Code. File a claim with the Oklahoma Workers’ Compensation Commission (OWCC) to access:

• Temporary Total Disability (TTD): 70% of your average weekly wage, subject to statutory minimums and maximums. (Okla. Stat. tit. 85, § 33)
• Permanent Partial or Total Disability: Compensation for lasting impairments based on a schedule or work-disability rating.

3. Short-Term and Long-Term Disability Insurance

If you carry a private disability policy (often through your employer), you can file a claim to replace a portion of your salary. Benefits, waiting periods, and coverage limits vary by plan. Review your policy documents and notify the insurer promptly to preserve your rights.

4. Federal Social Security Disability

If your injury causes a disabling condition that prevents any substantial gainful activity for 12 months or longer, you may qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). Apply online or by phone through the Social Security Administration. Approval can take several months, so submit your application early and include detailed medical evidence.

5. Unemployment Benefits

Oklahoma unemployment benefits generally require you to be able and available to work. However, if your injury limits you to a different role and your employer cannot accommodate, you may qualify for partial benefits. File with the Oklahoma Employment Security Commission to explore eligibility.

Helpful Hints

• Keep copies of pay stubs, tax returns, and employer wage statements to document income loss.
• Maintain thorough medical records, treatment notes, and doctor statements regarding your work restrictions.
• Report work-related injuries to your employer within 30 days to avoid losing workers’ comp rights. (Okla. Stat. tit. 85, § 43)
• Notify all relevant insurers promptly and follow their claim-filing procedures.
• Consult an attorney before settlement negotiations to ensure you account for future lost earning capacity and medical costs.