Claims Kit

Reporting of claim by Employer   85A-63  810:10-1-4.

The law in effect on the date of injury controls when the Employer's First Notice of Injury should be filed. 

For injuries occurring ON AND AFTER February 1, 2014, file the Workers' Compensation Commission CC-Form-2 within 10 days of knowledge of death or injury that results in more than 3 days absence from work.

For injuries occurring BEFORE February 1, 2014, file the Court of Existing Claims' Form 2 within 10 days of knowledge of death or injury with loss of time beyond the shift or need for medical attention away from the work site. Filing of an Employer's First Notice of Injury is not an admission of liability or that the employee has provided proper notice of injury. 

Posting Requirements 85A-41 85A-37

Employers that secure payment of compensation must post the "Oklahoma Workers' Compensation Notice and Instruction to Employers and Employees" in a conspicuous place at the employer's place of business.

The notices will state that the employer has secured the payment of compensation.

Poster (English)

Poster (Spanish)

Every employer who waives the exclusion or exemption must post, and keep posted, in and about the employer's place of business typewritten or printed notices with a form to be prescribed by the Commission, and the employer will file a duplicate of the notice with the Commission

Penalties for Late Reporting 85A-63

For dates of accident on or after 2/1/2014  

Any employer who after notice refuses to send any report required by this section shall be subject to a civil penalty in an amount of $500.00 for each refusal.

For dates of accident prior to 2/1/2014  

Any employer who refuses or neglects to make a report as required by this section shall be liable for an administrative violation and subject to a fine by the Administrator of not more than $1,000.00.

The Workers’ Compensation Commission (WCC) voted in a public special meeting on April 16, 2020, to amend the WCC’s previously extended filing deadlines and procedures, including statutes of limitation, and continue the extension until May 15, 2020. This extension mirrors a portion of the Oklahoma Supreme Court’s Emergency Joint Order (SCAD 2020-29) issued on March 27, 2020. The WCC will remain open in a limited capacity. All current emergency measures will remain in place until the WCC resumes normal operations.

The Commission is now prepared to accept the following forms, documents, and pleadings via electronic mail:

• CC-Form-3 (and variants)
• CC-Form-9
• CC-Form-10 (and variants)
• CC-Form-13
• EOA
• CC-Form-71
• Other motions

These forms may still be submitted by US mail, but we will now process them if sent to the following email address:
records@wcc.ok.gov

With the exception of Form 3’s, we will not be sending back a file-stamped copy as a matter of course, but rather an email reply with the following language acknowledging receipt:

This email response serves as proof of filing of documents attached to the foregoing email received by the Oklahoma Workers' Compensation Commission. Retain a copy of this email as proof of filing, as file-stamped copies will not be provided.

We may review this process once our staffing situation has returned to normal, but in the interim, we appreciate your understanding that it is logistically difficult for us to mail back every copy, when normally such a high volume of these papers would be submitted over the counter, file-stamped, and returned to the filer immediately.

For submission of other forms not listed above, including Joint Petitions, CC-Form-93, etc., please see Judge Curtin’s instructions in the alert issued 4-3-2020.

The WCIO has updated the Injury Description Tables that are used by the IAIABC to reflect specific coding in response to COVID-19. A new Cause of Injury Code (DN0037) - 83 for “Pandemic” and a new Nature of Injury Code (DN0035) - 83 for “COVID-19” were approved. The codes are anticipated to be used for the reporting for any claim effective December 2019 or later. The IAIABC recommends that EDI reporting and collection systems be modified to recognize these new codes by April 1, 2020. The new Injury Description Tables may be found on the WCIO website, Injury Description Table page at: https://www.wcio.org/Document%20Library/InjuryDescriptionTablePage.aspx. OKWCC will be ready to accept these new codes as recommended by the IAIABC on 4-1-2020.

Physician Selection 85A-50(B)

The employer shall have the right to choose the treating physician.

If the employer fails or neglects to provide medical treatment within 5 days after actual knowledge is received of an injury, the injured employee may select a physician to provide medical treatment at the expense of the employer. The injured employee may obtain emergency treatment at the expense of the employer if the emergency treatment is not provided by the employer.

Change of Physician

When an employee is not covered by a managed care plan, the employee may be granted one change of physician for an affected body part. The employer may object and be granted a hearing. A change of physician is prohibited for a body part unless authorized treatment for the body part was provided within 180 days before the request for change of physician was filed. There is a maximum of 2 changes of physician per claim regardless of the number of body parts injured.

If the employer has previously contracted with a certified workplace medical plan, the employer will select for the injured employee a treating physician from the physicians listed within the network of the certified workplace medical plan. The employee may apply for a change of physician by utilizing the dispute resolution process set out in the certified workplace medical plan on file with the State Department of Health.