Some employees are exempt from state workers’ compensation laws

Hawkins Law Firm • Jan 13, 2016

The Oklahoma Workers’ Compensation Code gives covered workers the ability to receive financial help if they are unable to work for an extended period of time due to an injury, as long as the injury is considered to be compensable. However, did you know that not every type of worker in Oklahoma will be eligible to seek workers’ compensation benefits under the Workers’ Compensation Code?

In general, employees in Oklahoma will be covered by the state’s Workers’ Compensation code without having to undergo a waiting period. However, there are some important exceptions to this.

First of all, it is important to understand that in Oklahoma, independent contractors are not considered employees and cannot receive benefits under the Workers’ Compensation Code. In addition, certain types of workers in the agricultural sector will not be covered. If an employer has five or fewer employees that are related to the employer through either blood or marriage, they may not be covered under the Workers’ Compensation Code. If a real estate broker is licensed and is paid via commission, that worker may not be covered. If a worker’s injuries are covered under a federal law, that worker cannot also be covered by the state Workers’ Compensation Code. There are numerous other exceptions based on the type of work performed and for certain business entities as well.

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