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★ Oklahoma · workplace

Workplace settlements
in Oklahoma.

By Reviewed by Abd Shanti, Founder9 min read

Oklahoma workers’ compensation pays a weekly benefit capped by the state average wage and a flat rate for permanent partial disability. A serious injury caused by another company on the job site can also bring a lawsuit worth far more.

Facts that decide a workplace claim in Oklahoma

Temporary total disability, 2025Maximum $1,083.46 a week, the same maximum as permanent total disability and death benefits.Oklahoma Workers’ Compensation Commission, 2025 benefit bulletin
Permanent partial disability$360 a week for injuries on or after 1 July 2021; $350 a week for injuries from 28 May 2019 to 30 June 2021.Oklahoma Workers’ Compensation Commission, 2025 benefit bulletin
How the maximum is setThe maximums are a percentage of the state average weekly wage, reset each calendar year.Oklahoma Workers’ Compensation Commission, 2025 benefit bulletin
Third party suitsA worker hurt by a company other than the employer can sue it; the employer or its insurer may claim reimbursement from the recovery unless it has waived that right.Frank’s Tong Service v. Lara (Okla. Civ. App. 2012)
Deadline to sueTwo years for an action for injury to the rights of another not arising on contract.12 O.S. § 95(A)(3), as applied in Hough Oilfield Service v. Newton, 2017 OK CIV APP 31
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★ OK · reported workplace outcomes

What Oklahoma courts have awarded.

Real Oklahoma decisions and verdicts, each linked to the court record or official report.

  • Frank’s Tong Service v. Lara
    Oklahoma Court of Civil Appeals · 2012
    $3.6 million verdict against a third party

    A worker for a well services contractor was seriously injured in 2006 by Grey Wolf, another contractor on the site. His employer paid more than $192,000 in medical and temporary disability benefits. A jury awarded him $3.6 million against Grey Wolf, and the appeal concerned whether the employer’s insurer had waived its right to be repaid for an extra premium.

  • Beason v. I. E. Miller Services
    Oklahoma Supreme Court · 2019
    $14 million jury award; cap reduction reversed

    A worker who underwent two arm amputations after a crane accident won $14,000,000 from I. E. Miller Services, $5,000,000 of it noneconomic. The trial court cut that part to the statutory cap; the Supreme Court struck the cap down and reversed the reduction.

★ OK · workplace · in practice

What changes the number here.

What actually moves a workplace settlement in Oklahoma.

  1. 1

    Compensation and a third party suit are very different in size. The worker in Frank’s Tong Service received about $192,000 in compensation benefits and a $3.6 million jury verdict against the other contractor. On multi contractor sites, identify every company whose equipment or crew was involved.

  2. 2

    Read the insurance contracts. The appeal in Frank’s Tong Service turned on whether the employer’s insurer, for an extra premium, had waived its right to recover from others. Such waivers can decide how much of a third party recovery the worker keeps.

  3. 3

    With the noneconomic cap gone since Beason, a third party claim for a serious work injury is valued without a statutory ceiling on pain and suffering.

★ OK · statute of limitations
2 years from date of injury

Okla. Stat. tit. 12, § 95

★ OK · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ OK · caps

What caps recovery.

Statutory caps that may bear on a workplace settlement in Oklahoma.

★ workplace · same region & fault regime

Compare to like jurisdictions.

How Oklahoma's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for workplace claims.

JurisdictionFault ruleLimitationWorkplace page
Oklahoma · you are hereModified comparative, 51% bar2 years from date of injury—
ArizonaPure comparative negligence2 years from date of injuryAZ · workplace →
New MexicoPure comparative negligence3 years from date of injuryNM · workplace →
OregonModified comparative, 51% bar2 years from date of injuryOR · workplace →
PennsylvaniaModified comparative, 51% bar2 years from date of injuryPA · workplace →
South CarolinaModified comparative, 51% bar3 years from date of injurySC · workplace →
TexasModified comparative, 51% bar2 years from date of injuryTX · workplace →
Rhode IslandPure comparative negligence3 years from date of injuryRI · workplace →
South DakotaSlight versus gross negligence3 years from date of injurySD · workplace →
TennesseeModified comparative, 50% bar1 year from date of injury, among the shortest in the USTN · workplace →
UtahModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeUT · workplace →
VermontModified comparative, 51% bar3 years from date of injuryVT · workplace →
VirginiaPure contributory negligence2 years from date of injuryVA · workplace →
★ OK · workplace · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

united states · sister site
Hurt at work in Oklahoma? See what your own claim could be worth.

FairSettlement, our US sister site, gives you a free estimate in about two minutes. No cost and no obligation.

Check my case

Sources

Checked 2026-09-28.

★ all of OK
Oklahoma overview

Fault rule, statute, caps, and key facts for Oklahoma as a whole.

★ national frame
Workplace in United States

Workplace band structure and severity tiers at the US level.

★ all 15 countries
Workplace · everywhere

Cross-jurisdiction comparison of workplace bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Oklahoma. See /methodology, /sources, and /disclaimer.