Personal Injury Passionately Fighting for Your Rights

Workers’ Compensation Insurance Claims

Workers’ compensation is a kind of insurance that provides medical and financial benefits to workers who have incurred an injury or illness due to their job.

If your claim is successful, you could retain workers' comp benefits for the following:

  • Medical care for the work-related injury or illness; 
  • Payments for wages lost as a result of the work-related injury or illness; 
  • Compensation for permanent disabilities, within certain limitations; 
  • Vocational retraining and/or job placement for injured workers who are unable to return to their prior occupation;
  • Death benefits for the families of workers who died as a result of the work injury.

Not all injuries are covered by workers’ compensation; only those that occurred as a direct result of your employment activities are covered. Workers’ compensation also follows a “no-fault” system, which means your fault for the accident is not a factor in whether you can obtain compensation.

Put 75 Years of Combined Experience on Your Side

Since our doors first opened in 1947 we have been committed to providing a friendly and professional environment for our local clients. Schedule a free initial consultation with Shoemake Law Office to learn more.

How to File for Workers' Comp in Oklahoma

The general process for claiming workers’ compensation is as follows:

  1. Initiate a claim.
  2. Request a hearing or prehearing conference.
  3. Request a change of physician (optional).
  4. Engage in discovery and exchange of evidence (at least 20 days before the hearing date).
  5. Provide evidence (the injured has the burden of proof).
  6. Settle the claim through a joint petition. The settlement will include the terms of compensation.

Shoemake Law Office can help you navigate the claims process to obtain workers’ compensation. While you focus on your personal recovery, let the firm handle your claim.

Wrongful Termination

Shoemake Law Office also handles cases of wrongful termination. Recall that Oklahoma is an “at-will” employment state, which means employers may terminate workers at any time for any reason without prior notice (unless the work contract states otherwise). 

However, there are certain situations when the termination of an employee goes against civil law. Namely, employers cannot fire an employee based on:

  • Breach of contract – It is illegal to fire you if your employment contract outlines specific reasons for termination; this constitutes a breach of your contract.
  • Discrimination – Under state and federal law, your employer cannot fire you on discriminatory terms, such as due to your skin color, sex, religion, race, age, disability, and nation of origin.
  • Whistleblower retaliation – Employers are not permitted to fire workers for engaging in legally protected activity, such as whistleblowing.
  • Public policy – employers cannot terminate workers for following public policy mandates, such as if they exercise their civil right to file a workers’ compensation claim after an injury.

The consequences for wrongful termination will vary, and employers may be required to re-employ you, provide monetary damages, and reimburse your back pay. If you believe you have been wrongfully terminated, reach out to Shoemake Law Office for next steps.

Products Liability Claims

You can also claim civil damages if you have experienced injury due to the manufacturing defects of a product. Under Oklahoma law, consumers have the right to file product liability claims against a manufacturer, wholesaler, or retail store owner for faulty products causing injury. 

Some examples of product defects that may be grounds for a claim include:

  • Unsafe toys for children
  • Prescription drugs with dangerous side effects
  • Faulty airbags or seat belts

To bring forward a product liability claim, the injured consumer only needs to prove that a defect existed in the product that made it unreasonably dangerous and resulted in injury. Note that if a product is defective due to its design or construction, the party strictly liable will be the manufacturer, seller, or distributor.

Learn Your Rights in a Free Consultation

Shoemake Law Office represents clients in a range of personal injury cases, including workers’ compensation, wrongful termination, and product liability. The firm can help you build a strong case for damages, fighting to maximize your compensation!

Contact Shoemake Law Office online for a free consultation to discuss your case. Or call (918) 380-3444 to get started.

Why Choose Shoemake?

  • Local Knowledge
    A lifelong Oklahoman, Bransford H. Shoemake was admitted to the Oklahoma Bar Association in 1982 and has practiced in the state ever since.
  • Client Focus
    We provide a friendly and professional environment with an acute focus on our clients’ needs and a desire to build long-standing relationships with our clients.
  • Extensive Experience
    We are committed to quality legal work and bring a deep and nuanced understanding of the law to each case.

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