Legal Question in Workers Comp in Oklahoma

settlement?

My husband rolled a tanker truck 7 months ago. He broke his neck, fractured his face, had a huge laceration on his face and lost some use in his left arm. He had his face rapaired and had fusion on his neck. He has two scars on his face, one from surgery, one from the accident. a scar on his hip and neck from surgery. He lost several teeth. has lots of numbness in his left hand and nose. The docter is talking about releasing him soon. Will he receive a cash settlement? Will he be paid for each thing separatly? Is there an average amount paid that he can expect? He will not be able to return to his job in the copasity he once was at, they are going to have to find him a new position. Thank you.


Asked on 5/02/00, 2:50 pm

1 Answer from Attorneys
Scott Tully Tully Law Firm

Re: settlement?

Your question brings several concerns to my mind. Trucker injuries are sometimes difficult to determine which state the claim will have to be brought in. Your husband will either need to have been injured in Oklahoma, or hired in Oklahoma, for the case to be brought in Oklahoma.

Your questions appear to me to really hit on one issue that you may not be aware of. Injured workers in Oklahoma may only receive disability money OR money for disfigurement (scarring) to each individual body part. Typically, a person will receive more money for the disability, as disfigurement is capped at $20,000. Let me give you an example. If a person hurts his back, and needs back surgery, then that person will have a scar on his back from the incision. The person would only be entitlted to disability money or disfigurement money. However, you mentioned the scars on your husband's face. There is probably not any disability, so he could collect for the scars there. Scarring on the face is typically the most valuable.

You wanted to know if your husband could collect for each part that was injured. The answer is usually yes. Additionally, the answer is usually yes more than you know. For example, your husband was in a serious accident that injured multiple body parts. You stated that he injured a hand. In Oklahoma, from your fingers to your elbow is considered a hand, from the elbow to shoulder is an arm and then you have the shoulder itself. If your husband injured all of these on "one arm," then he could collect money for the hand, arm and shoulder. The same thing with the back. The back is divided into three regions (lumbar (low), thoracic (mid) and cervical(neck). He can collect money for each part.

Lastly, your husband has a serious case it sounds like, and valuable rights available. The most valuable right is for your husband to leave his case open for a period of time, and if his condition gets worse, then he could receive more medical care and compensation from the insurance company. I suggest that you hire an attorney. Workers' compensation attorneys can not charge you more than 20% in Oklahoma. Any attorney that has any experience will more than earn his 20% in your husband's case.

I wish you the best of luck and you may contact me at (918) 227-4009, and email at [email protected] if you have any more questions.

Very truly,

Scott Tully

Attorney at Law

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Answered on 6/19/00, 11:57 am


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