Lawsuit Questions Constitutionality of Oklahoma Workers’ Compensation Benefits Law

by Keith Adkins

When an employee working in The Sooner State is injured, they may have a right to Oklahoma workers’ compensation benefits. However, the laws governing how, and to whom, these benefits are distributed can be extremely complicated. In fact, these complications have led to two injured workers filing lawsuits against their employers and the case has made its way to the Supreme Court on a challenge regarding the constitutionality of certain parts of these laws.

An article from the Insurance Journal says that injured workers question the constitutionality of a loophole in the law that allows employers who carry their own private workers’ compensation packages to “opt out” of participating in the state’s new administrative workers’ compensation system. Furthermore, the workers contend the loophole robs injured workers of their right to a fair trial by allowing employers to choose whether a judge or administrative committee will hear an employee’s case.

The victims work for two of the 33 business in the state that have been approved to “opt out” of the new Oklahoma workers’ compensation benefits system.

At Colbert Cooper Hill Attorneys, we recognize the frustrations and difficulties that can accompany an on-the-job injury. That’s why our Oklahoma personal injury lawyers are hopeful a decision in this case will bring a sense of closure to each of the workers who were hurt through no fault of their own.