New Workers Comp Laws In Oklahoma
Plans to Shift the Oklahoma Workers Compensation System from Adversarial to Administrative
If you work in an occupation that involves a high degree of exposure to work-related injuries or occupational illnesses, you should be aware that the workers compensation system in Oklahoma may soon change in fundamental ways. Representatives for the Republican controlled Oklahoma legislature have revealed that they will unveil a proposal this week to shift the Oklahoma workers compensation system from an “adversarial system” to an “administrative system.” The legislature has indicated that its goal is to provide reforms that will reduce workers compensation premiums while being fair to workers who are injured on-the-job.
Although the complete litany of changes has not yet been made available, the following changes have been announced:
The system will be less adversarial and focus on administrative processing of claims.
- Employers will have an opt-out option that permits employers to develop their own “workers compensation plan”.
The legislature hopes the governor will sign the changes into law, but Democrats are concerned about the wholesale changes to the workers compensation system. They point out that changes made two years ago are just now taking effect so it is too early to determine how the modifications will impact workers compensation insurance premiums. While some Democrats in the legislature agree that reforms are appropriate, they believe that it is too soon to implement a massive overhaul.
If it is not already clear who the changes favor, all a worker needs to do is examine who is supporting the legislation – the State Chamber of Commerce and the Oklahoma City Chamber of Commerce. A spokesman for the Oklahoma City Chamber of Commerce has indicated that workers compensation premiums in Oklahoma are the sixth highest in the country.
While it is not yet clear whether the proposed changes will become law, the workers compensation system will become complicated for new claimants if the measures are enacted. We invite workers who have suffered a job-related injury or an occupational illness in Oklahoma to contact us to have their questions about how recent and pending changes in the law may affect their workers compensation claims.
Call For Your Free Oklahoma Workers Compensation Consultation
Our Oklahoma workers compensation lawyers are committed to advocating for the benefits injured employees need to recover and continue to provide for their families. The Kania Law Office’s Oklahoma workers compensation attorneys offer a free consultation. We invite you to contact us today at (918) 743-2233 or fill out this form to set up your initial confidential consultation.
Kania Law Office Oklahoma Child Custody Lawyers;
Kania Law Office filed an appeal to THE COURT OF CIVIL APPEALS OF THE STATE OF OKLAHOMA appealing the Judge in Pawnee County who wrongfully decided a custody case against our client, DD. The judge was reversed and remanded on issues that involved the role of a parent coordinator and his or her ability to order certain changes to an existing custody order.
Kania Law Office: Tulsa Oklahoma criminal defense lawyers.
Our client CD was charged with felony injury to property. The early recommendation was for jail time. The Kania Law Office criminal defense lawyers reviewed the discovery and the Police report and successfully convinced the States attorney to offer our client a deferred sentence.
Kania Law Office: Criminal defense lawyers in Tulsa, Oklahoma.
Our Client D.S. was charged in Tulsa County with felony UTTERING TWO OR MORE BOGUS CHECKS EXCEEDING $1000 , in violation of 21 O.S. 1541.3. The Tulsa County district attorneys office claimed that D.S. owed an amount in bad checks that exceeded 11kk and that our client was responsible for the balance thereof. After the Criminal defense attorneys at Kania Law Office read the police reports and did the math turns out most of the checks, if collectible were beyond the statute of limitations. Our Tulsa criminal defense attorneys negotiated a repayment schedule reducing the amount owed by three thousand. The case was plead as No Contest and a payment schedule entered.
For a free consultation with a Tulsa Oklahoma criminal lawyer call or email today
Kania Law Office: Work Comp Attorneys in Tulsa Oklahoma.
Our client was injured at work a result of her employment in Oklahoma. Our Client, B.D. was injured when she fell off a ladder while performing her job duties. When she fell the impact caused her knee and hip to require a surgery to repair. The Oklahoma workers compensation insurance provider that her employer used denied the injury. The basis for the insurance company claimed that she had a pre-existing injury and as a result the injury was not covered by Oklahoma workers compensation insurance. Tulsa attorneys from the Kania law office successfully argued the merits of the case to the Judge here in Tulsa and received a win for our work injury client. B.D. got her surgery and is currently receiving temporary disability until she can return to work.
For a Free Consultation with a Tulsa Oklahoma work in jury attorney call or email us Today.
Tulsa Oklahoma: Personal Injury Lawyers:
Today the personal injury attorneys at the Kania Law Office settled without a trial a slip and fall case. Our injury client, L.R. was shopping in a local Tulsa drug store when she sliiped and fell on some water that dripped from an air conditioner located in the stores ceiling. As the result of the store owners negligence L.R. sustained serious injury to her back and knee. The injury case was settled without a trial with my clients medical bills paid and money recovered for her pain and suffering.
In Oklahoma Bankruptcy Cases, the person are given an opportunity to protect certain assets through bankruptcy Exemptions. The most common exemptions are for your primary residence and your car. There are several other bankruptcy exemptions available to persons filing bankruptcy in Oklahoma but for now this blog post will confine itself to the automobile expemtion in Oklahoma
The U.S. Bankruptcy Code provides a list of uniformed exemptions, however most states have the option of opting out and providing for its own exemption statutes. Oklahoma is such a state, which opted out and provides Bankruptcy petitioners with its own exemption statutes.
One of the most frequently used exemption would be the Automobile exemption and under Oklahoma Statutes §31-1, an individual Debtors are able claim exemption on their automobiles in values up to $7,500.00 (equity value).
Therefore, if a Debtor is in possession of a vehicle with a fair market value (FMV) or an equity value (fair market value-lien against vehicle) below $7,500.00, such vehicle will be protected.
However, what happens in instances where the value of the vehicle is above the stated Oklahoma exemption limits or in the event Debtor owns more than one vehicle ?
In the instance of a vehicle with a FMV of $15,000.00, which is owned free and clear by the Debtor, the Bankruptcy Trustee in Oklahoma may claim an interest over the $7,500.00 excess value over the initial $7,500.00 exemption value and force a sale of said vehicle. On the other hand if the same vehicle had a lien of $5,000.00 held by a secured creditor the Bankruptcy trustee’s claim is limited to $2,500.00.
Although there is no guidelines or regulations setting forth the Bankruptcy Trustee’s threshold for claiming an interest over and above the exemption value in a Debtor’s vehicle, common sense would arrive at a conclusion that if it would cost more or equivalent to the value that the bankruptcy estate can claim against a vehicle to actually administrate a sale of such asset (not to mention time constraints and possibility that such asset will not sell for the anticipated value), more unlikely for the Trustee to claim an interest over such assets.
Accordingly, if a Debtor is in ownership of more than one vehicle, a careful decision would need to be made taking into consideration the value, lien status and conditions of such vehicles before deciding on which vehicle to claim an exemption in their bankruptcy filing.
If you would like a free consultation with a Bankruptcy lawyer in Tulsa, Oklahoma simply call or email one of our Tulsa Lawyers.
Recently we talked about Social Security Disability and Worker’s Compensation Benefits. And the nature of benefits is that they generally sound pretty good. People want jobs with benefits. People like friends with bene… well, that point is more or less not appropriate for the issue at hand. So the question boils down to – can you double dip from both Social Security Disability and Worker’s Compensation?
Let’s assess.
Social Security Disability is a federal program designed to financially aid disabled people. Eligibility for benefits requires that the petitioner to have paid into the social security system, and that the petitioner is disabled and unable to work. Benefits are assessed based on the amount that the petitioner made in previous years.
Worker’s Compensation is a state program that is designed to assist workers who are injured in the course of employment. Eligibility is based on having employment. Benefits are based on the severity of the injury.
Off the cuff, it appears that Social Security recipients can receive Worker’s Compensation benefits at the same time. This is true. You can receive Social Security Disability and Worker’s Compensation benefits at the same time. So what’s the catch?
The catch was instituted in 1965 on the part of Congress. Here’s the skinny – the applicable law is known colloquially as the Social Security Offset. The Social Security Administration will reduce social security disability benefits if the benefits in addition to the worker’s compensation benefits exceed 80 percent of the worker’s average current earnings. Average monthly earnings are calculated based on the best year of earning in the five years before the petitioner started to receive worker’s compensation.
You can collect both Social Security Disability and Worker’s Compensationin Oklahoma, but not if the combined amount is over 80 percent of the worker’s previous average earnings.
For a free consultation with a Tulsa Oklahoma attorney about Social Security law in Oklahoma
You’ve probably heard someone say that they are separated from their spouse. What you probably wondered is – how is separation different from divorce? Afterall, separation looks like divorce in Oklahoma and acts like divorce in Oklahoma, but isn’t divorce. Why would someone file for separation and not divorce?
Key points that only apply to legal separation:
- After legal separation you are still married. If divorce is out of the question based on religion or other reasons, then legal separation is a good option to look into.
- There is less finality in legal separation. The Decree of Legal Separation with respect to property division can be modified in a subsequent divorce hearing. Property division in a divorce cannot be modified unless both parties agree in a subsequent hearing.
- There are lesser qualifications for legal separation. Oklahoma Divorce law requires residency and waiting periods.
Key points that apply to both legal separation and divorces in Oklahoma:
- Both processes are emotionally taxing.
- Both deal with property division, the division of assets and debts.
- Both assess custody and child support.
- Both assess spousal support.
Legal separationin Oklahoma works for some people. Realistically, people who see divorce in their future might not want to consider legal separation. In the case of the latter, you are dragging yourself through the mud of family court twice.
If you would like a Free Consultation with a divorce lawyer in Tulsa Please call or email today.
There is no opportune time to file for bankruptcy, because no one wants to file for bankruptcy. While some debt is low enough for the debtor to take care of by themselves, at some point the about of debt owed is too large for a debtor to resolve by himself. The tipping point is decided by every debtor individually. If, however, you find yourself holding out for a miracle, let me leave you with this thought: They are called miracles because they don’t often happen.
To reference a recent commercial: there is no debt fairy to help you out of a debt hole. You have to take action. If you are considering bankruptcy, consider it seriously. When you are ready, call us.
Tulsa Legal 