Claims Kit

Penalties for Late Reporting

For dates of accident on or after 2/1/2014  85A OS 63

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  85 O.S. 322

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.

Physician Selection 85A O.S. 50 (eff. 8/23/2013)

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.

Effective 2/1/2014 85A O.S. 56

If the employer has previously contracted with a certified workplace medical plan, the employer shall 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.

If the employer is not covered by a certified workplace medical plan, the employer shall select the treating physician. The Commission on application of the employee shall order one change of treating physician. Upon the Commission's granting of the application, the employer shall provide a list of three physicians from whom the employee may select the replacement.

Posting Requirements 85A O.S., 41

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.

Poster (English)

Poster (Spanish)

Posting Requirements to opt out of AWCA as a qualified-employer 85A O.S., 202

An employer who has voluntarily elected to be exempt from the Administrative Workers' Compensation Act (AWCA) as a "qualified employer" must notify all its employees that it does not carry workers' compensation insurance and that the coverage ended or was cancelled. This notice must be provided in writing to an employee when hired or at the time of designation as a qualified employer. The notice also must be posted conspicuously at the employer's business locations as necessary to provide reasonable notice to all employees.

Reporting of claim by Employer         

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

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 as provided in this act. 85 OS 322.   

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. See 85A OS 63 and Commission Rule 810:10-1-4.