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Oklahoma is an NCCI state like most other states in the U.S. Every employee hired in Oklahoma should be covered by workers' compensation laws of Oklahoma. Independent contractors are not employees and are not generally covered on an employers' policy. Independent contractors should complete an Affidavit of Exempt Status if they whish to claim exemption from the workers' compensation code.
The Oklahoma Workers' Compensation Commission is responsible for the administration and management of all injured workers and work comp claims.
There are hundreds of workers' compensation carriers authorized to sell workers' compensation insurance in the state. Most employers typically purchase their coverage from a private insurance company or through CompSource Oklahoma, the state fund for OK. Private agencies like Workers Compensation Shop.com help employers find the appropriate classification codes and insurance coverage.
The Oklahoma Workers' Compensation Court is responsible for the regulation and administration of workers' comp in the state.
Oklahoma Workers' Compensation Court1915 N Stiles AvenueOklahoma City, OK 73105800-522-8210
The Oklahoma Workers Compensation Commission (WCC) recently submitted their annual 2015 Oklahoma Report on Workers' Compensation to the Governor and Legislature. The Commissions primary purpose is to assist injured workers with claims and insure Oklahoma employer have coverage when required by state law. The report provides an in-depth review and analysis of historical claims activity within the state.
Oklahoma law specifically exempts sole-proprietors and other business owners who own at least 10% of the capital or stock in the business. Business owners may elect to be included in coverage by electing coverage on the Acord 130 Application.
CompSource is a non-profit company designed to write all state fund and assigned risk workers compensation in Oklahoma. CompSource was established in OK pursuant to Title 85 section 131. They write all state fund insurance and compete with private insurance companies for standard coverage.
Most employers in Oklahoma are required by law to purchase workers compensation insurance. Employers who fail to retain coverage may be charged with a misdemeanor and will be subject to a fine. Fines vary significantly depending on the days without coverage. The Commissioner of Labor has the authority to order a cessation of all business activities upon the 2nd offense for not having coverage in place.
Generally speaking, all insurance companies and states indicate that employers should report job-related injuries to the carrier as soon as possible. Oklahoma state law requires each employer to report an injury event within 30 days of the injury.
Employee injuries resulting in a loss of time at work or those that require medical treatment must be reported to the Oklahoma Workers' Compensation Court and insurance company within 10 days of the injury. The form used for reporting injuries is known as Form 2. OK Court Administration may fine up to $1,000 each time an employer fails to comply with this reporting procedure. Employer may ask their insurance company to file the form as they report the injury to the carrier.
Oklahoma employers working in the private sector are eligible to receive free safety and health consultation services. The Oklahoma Department of Labor provides this free service through a program called Safety Pays. For more information call: 888-269-5353.
Independent Contractors and Subcontractor Risks
Employer and contractors who subcontract any part of a contract job may be liable for work-related injuries to employee of the subcontractor. Subcontractors should have their own workers compensation coverage in place to cover their employees. Contractors are advised to require a current Certificate of Insurance for all sub-contractors performing work on behalf of the contractor. We also recommend having your business names as an Additional Insured on the Certificate.
In Oklahoma, a Certified Workplace Medical Plan is used to help control the cost of medical expenses in workers compensation insurance. If an employee is covered by a Certified Workplace Medical Plan, the employee must apply for a one-time change of physician within the CWMP network. Employees not covered by a CWMP may change their physician one time within the claim period if they are not satisfied with the physician. Emergency treatment may be procured outside of the Network if needed,
Employers who suspect workers' comp fraud may notify their insurance carrier of the suspected fraud. Employer are also encouraged to contact the Attorney General Workers' Compensation Fraud Unit for investigation: 877-800-8764.
1) Insurers must extend any applicable grace period for nonpayment of premium by 45 days; 2) Insurers must suspend all claims reporting deadlines for the duration of the emergency declaration and extend all policyholder rights or benefits related to deadlines until 90 days after the emergency ends; 3) Insurers must inform policyholders of available benefits specifically related to business interruption and make useful information available on their website.
Madatory legal order in effect from 04/06/2020 until further notice.
No current state orders.
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Workers' Compensation Premium Reduction (WCPR) Program
The Oklahoma Department of Labor offers a premium reduction program to qualified employers who participate in the certification process. Employers can earn up to a 15 percent reduction on their insurance premium depending on annual cost of coverage. Certification does require a comprehensive consultation with the DOL and well as a performance review.
For more information on the WCPR program for Oklahoma employers, please contact the OK Department of Labor at 888-269-5353.
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Employers liability insurance is an additional layer of coverage included as part of a workers' compensation insurance policy. Employers Liability is known as Part 2 of the policy. It adds two additional coverages for employers:
Employers Legal Liability and Legal Defense Costs
In today's world, there are a variety of reasons employees and third-parties sue employers for damages. Here a some common types covered by employers liability insurance:
Third Party Lawsuits
Your employee sues another party that may have contributed to the injury, In turn, the third party sues your business.
Consequential Bodily Injury
Another party or individual is injured while providing care for the injured employee.
Dual Capacity Legal Action
An employee files a claim but also attempts to sue the employer for being responsible in other ways outside of the employment relationship.
Loss of Consortium
A spouse sues for damages caused by the loss of companionship or relations.
Employers Liability coverage is not included with coverage in the four monopolistic states. Employers in these states can endorse this coverage onto their General Liability policy. That coverage is commonly known as Stop Gap Coverage.
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