What’s New?
Oklahoma employers and employees are required to meet certain deadlines in the event an employee is injured in the workplace under Oklahoma’s Workers’ Compensation Law (O.S. Title 85A) and the law’s implementing regulations (Title 810). In particular, the law and regulations establish when employees must file claims for benefits for work-related injuries and when employers must report work-related injuries to the Oklahoma Workers’ Compensation Commission (WCC). These procedures have changed. Earlier this year, the Workers’ Compensation Law was amended by House Bill 2367, shortening the time an employee has to file a claim for benefits if the employee has already received workers’ compensation benefits for an injury. Before that, the Permanent Rules of the Workers’ Compensation Commission (WCC) were amended, changing the events that trigger the employer’s requirement to report injuries to the WCC. The change means that employers must report injuries sooner and must do so electronically.
Required Workers’ Compensation Notice Posting Update
The new filing and reporting limits are reflected in the newly revised Oklahoma Workers’ Compensation Notice and Instruction to Employers and Employees workplace posting. Specifically, the 2019 Oklahoma Workers’ Compensation Notice explains that:
- Based on law effective May 28, 2019, if the employee has received benefits under Title 85A for an accidental injury, a claim for benefits must be filed with the WCC within six months from the date of the last issuance of such benefits. (85A O.S. § 69). Previously, claims were barred if no benefits or medical treatments were received for more than one year.
- Within 10 days of receiving notice or knowledge of an injury that results in the loss of time beyond the shift or medical attention away from the work site, the employer or the employer’s representative MUST report the injury to the WCC. (WCC Rule 810:10-1-4). Previously, employers were required to report to the WCC injuries that resulted in more than three days’ absence from work.
- Employers must send injury reports to the WCC via the Electronic Data Interchange (EDI) system. This system has been in place since September 2018. Paper forms are no longer accepted.
- The revised posting is dated 11-21-19.
Posting Compliance
Nearly all employers are required to provide workers’ compensation coverage for their employees and post a current copy of the WCC’s Oklahoma Workers’ Compensation Notice in the workplace to inform them of coverage and the carrier’s contact information. (§85A-41). Employers who already have an Oklahoma All-On-One™ Labor Law Poster can easily and affordably comply with the workers’ compensation posting update using our 2019 Oklahoma Workers’ Compensation Notice and Instruction to Employers and Employees Peel ‘N Post™ update sticker. For employers that don’t already have a poster, we’ve revised the Oklahoma All-On-One™ Labor Law Poster to include the workers’ compensation posting update and verified each other required workplace posting so that employers can be assured of total compliance with all posting requirements. The posting changes are already in effect so don’t delay updating!
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