Detailed Answer
If you suffer accident-related injuries in Oklahoma and miss work, you can pursue several avenues to recover lost wages. Each option depends on the accident’s circumstances, the at-fault party, and your insurance coverage.
1. Workers’ Compensation Benefits
If your injury occurred during the course and scope of employment, you likely qualify for benefits under the Oklahoma Workers’ Compensation Act. You can claim temporary total disability (TTD) or temporary partial disability (TPD) based on two-thirds of your average weekly wage, subject to statutory maximums. See 85A O.S. § 44 for rate calculation and eligibility. 85A O.S. § 44
2. Third-Party Liability Claims
If a non-employer (e.g., negligent driver or property owner) caused your injury, you can file a bodily injury claim against that party’s liability insurer. Under Oklahoma’s tort system, you may recover:
- Economic damages: past and future lost wages, reimbursement for any lost fringe benefits.
- Non-economic damages: pain and suffering, subject to comparative fault reductions per 23 O.S. § 13.
Oklahoma follows a modified comparative negligence rule: if you are more than 50% at fault, you cannot recover damages. 23 O.S. § 13
3. Uninsured/Underinsured Motorist Coverage
If the at-fault driver lacked sufficient liability insurance, your own uninsured/underinsured motorist (UM/UIM) policy can cover unpaid lost wages up to your policy limits. Review your declarations page for UM/UIM wage coverages and limits.
4. Social Security Disability Benefits
If your injuries cause a long-term or permanent disability preventing you from substantial gainful activity, you may apply for Social Security Disability Insurance (SSDI). Approval often takes months, and benefits may begin only after a five-month disability waiting period.
5. Structured Settlements and Lien Resolution
In some workplace or third-party cases, liens (e.g., health insurer subrogation) may attach to any recovery. Negotiating a structured settlement or resolving liens can preserve more of your net lost‐wage award.
Key Statutes:
- Workers’ Compensation Act—85A O.S. § 44 (rate of benefits)
- Modified Comparative Fault—23 O.S. § 13 (fault allocation)
- Bodily Injury Liability—36 O.S. § 3636 (insurance definitions)
Helpful Hints
- Document all missed work days and payroll records immediately.
- Seek prompt medical treatment; link doctor notes to inability to work.
- Notify your employer and insurer in writing within required deadlines.
- Preserve evidence—photos of the accident scene, witness contacts.
- Review your own insurance policies (UM/UIM, medical payments coverage).
- Consult a qualified attorney to navigate lien and subrogation issues.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.