In Oklahoma, workers’ compensation offers various disability benefits to help injured workers recover and regain their livelihood. Understanding the rates and limits of these benefits is essential for injured workers to receive the compensation they deserve.
Temporary Total Disability (TTD)
Temporary Total Disability benefits kick in when an employee cannot work due to an injury or illness. Oklahoma law sets TTD benefits at 70% of the worker’s average weekly wage. Employers calculate the average weekly wage by dividing the employee’s gross earnings by the number of full weeks of employment, up to a maximum of 52 weeks.
However, these benefits come with certain limits. For injuries occurring after May 28, 2019, the cap is set at 100% of the state’s average weekly wage. It’s important to note that TTD benefits do not cover the first three days of the initial disability period.
Temporary Partial Disability (TPD)
An injured worker can sometimes perform some work but not at their total capacity. In these cases, Temporary Partial Disability benefits may apply. TPD helps bridge the gap between what the worker earned before the injury and what they can earn now.
Permanent Partial Disability (PPD)
Permanent Partial Disability comes into play when an injury results in lasting impairment, but the worker can still perform some work. For injuries occurring on or after May 28, 2019, PPD payments are set at 70% of the worker’s average weekly wage, with a cap of $350 per week. The rates can vary, so it is advisable to consult the state Workers Compensation Commission’s benefit charts.
Permanent Total Disability (PTD)
In the most severe cases, where an injury prevents a worker from engaging in any gainful employment, Permanent Total Disability benefits apply. PTD benefits are paid at 70% of the worker’s average weekly wage, capped at 100% of the state’s average weekly wage. These benefits can last fifteen years or until the employee reaches the maximum Social Security retirement age.
Special considerations
Oklahoma law includes specific provisions for certain types of injuries. For instance, soft tissue injuries generally limit TTD to 8 weeks, though extensions are possible if surgery or injections are needed. Hernias have a 6-week TTD limit. Mental injuries or illnesses typically cap benefits at 26 weeks, with a possible extension to 52 weeks in severe cases.
Seeking legal help might be advisable because an experienced attorney can ensure you receive all the benefits you’re entitled to. They can help interpret the law, guide you through the claims process, and advocate on your behalf if disputes arise with employers or insurance companies.
Oklahoma’s workers’ compensation system provides a safety net for injured workers through various disability benefits. Understanding these rates is crucial for injured workers to receive the benefits they deserve.