A. An employer may not retaliate against an employee when the employee has in good faith:
1. Filed a claim under this act;
2. Retained a lawyer for representation regarding a claim under this act;
3. Instituted or caused to be instituted any proceeding under the provisions of this act; or
4. Testified or is about to testify in any proceeding under the provisions of this act.
B. The district courts shall have exclusive jurisdiction to hear and decide claims based on this section.
C. An employer which violates any provision of this section shall be liable in a district court action for reasonable damages, actual and punitive if applicable, suffered by an employee as a result of the violation. Exemplary or punitive damage awards made pursuant to this section shall not exceed One Hundred Thousand Dollars ($100,000.00). The employee shall have the burden of proof by a preponderance of the evidence.
D. The prevailing party shall be entitled to recover costs and a reasonable attorney fee.
E. No employer may discharge an employee during a period of temporary total disability for the sole reason of being absent from work or for the purpose of avoiding payment of temporary total disability benefits to the injured employee.
F. Notwithstanding any other provision of this section, an employer shall not be required to rehire or retain an employee who, after temporary total disability has been exhausted, is determined by a physician to be physically unable to perform his or her assigned duties, or whose position is no longer available.
G. This section shall not be construed as establishing an exception to the employment-at-will doctrine.
H. The remedies provided for in this section shall be exclusive with respect to any claim arising out of the conduct described in subsection A of this section.
Added by Laws 2013, c. 208, § 7, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 5, emerg. eff. May 28, 2019.
Structure Oklahoma Statutes
Title 85A. Administrative Workers' Compensation System
§85A-1. Short title - Administrative Workers' Compensation Act.
§85A-5. Exclusive liability - Immunity.
§85A-7. Discrimination or retaliation.
§85A-8. Agreement to waive compensation.
§85A-9. Agreements for employee to pay premium of employer.
§85A-10. Release or commutation - Liens against workers' compensation benefits.
§85A-11. Compensation of alien nonresidents.
§85A-13. Mental injury or illness.
§85A-16. Official Disability Guidelines - Treatment in Workers Compensation.
§85A-17. Physician Advisory Committee.
§85A-18. Notice to health care providers - Collection of fees.
§85A-19. Oklahoma Workers' Compensation Commission.
§85A-20. Power and authority of Commission.
§85A-22. Administration of act - Additional powers and duties.
§85A-23. Necessary traveling expenses.
§85A-24. Administrative report.
§85A-25. Annual publication of aggregate information.
§85A-26. Removal of commissioners.
§85A-27. Jurisdiction - Duties and powers of administrative judges.
§85A-28. Multiple Injury Trust Fund - Self-insurance Guaranty Fund.
§85A-28.1. Workers' Compensation Commission Revolving Fund.
§85A-30. Physically impaired persons - Adjudications of Multiple Injury Trust Fund claims.
§85A-31. Multiple Injury Trust Fund.
§85A-32. Permanent total disability awards.
§85A-33. Statute of limitations.
§85A-34. Administration of Multiple Injury Trust Fund - Standing.
§85A-35.1. Court reporter – Stenographic recording of settlements.
§85A-36. Liability other than immediate employer.
§85A-37. Waiver of exemption or exclusion.
§85A-38. Securing compensation.
§85A-39. Carrier discharging obligations.
§85A-40. Failure to secure compensation - Summary hearing - Penalties.
§85A-42. Required insurance policy provisions.
§85A-43. Liability Unaffected - Subrogation.
§85A-44. Reduction of benefits.
§85A-46. Permanent partial disability schedule.
§85A-47. Beneficiaries in case of death.
§85A-49. Temporary total disability and unemployment benefits.
§85A-50. Failure to provide medical treatment - Medical examination - Fee schedule - Formulary.
§85A-51. Payment of medical expenses.
§85A-52. Liability for non-compensable injury.
§85A-53. Physical examination.
§85A-54. Refusal to submit to surgery.
§85A-55. Unreasonable charges.
§85A-56. Certified workplace medical plans.
§85A-57. Failure to appear for scheduled appointments.
§85A-58. Copying of medical records.
§85A-59. Computation of average weekly wages.
§85A-60. Evaluation of permanent disability.
§85A-62. Nonsurgical soft tissue injury.
§85A-64. Certification of workplace medical plan.
§85A-65. Occupational disease.
§85A-66. Silicosis and asbestosis.
§85A-67. Notice of occupational disease or cumulative trauma.
§85A-68. Rebuttable presumption injury not work-related.
§85A-69. Statute of limitations.
§85A-70. Promulgation of rules.
§85A-71. Notice - Investigation and hearing - Evidence and construction.
§85A-72. Conduct of Hearing or Inquiry - Public hearings - Evidence.
§85A-73. Preservation and enforcement of orders.
§85A-74. Rebuttable presumptions.
§85A-77. Employment of attorneys.
§85A-79. Failure to comply with final compensation judgement.
§85A-80. Review of compensation judgments.
§85A-81. Commencing proceedings on unreasonable grounds.
§85A-82. Claims for legal services.
§85A-84. Payment of compensation.
§85A-86. Controversion of employee's right to claim compensation.
§85A-88. Change of insurance carriers.
§85A-90. Deposit or bond with commission.
§85A-92. Notification of commission.
§85A-94. Incarcerated employees.
§85A-96. Self-insurance Guaranty Fund Board.
§85A-97. Self-insurance Guaranty Fund.
§85A-98. Funds to be transferred to Self-insurance Guaranty Fund.
§85A-99. Impaired self-insurer.
§85A-100. Self-insurance Guaranty Fund Board as party to proceedings.
§85A-101. Report on number of claims - Electronic data interchange.
§85A-102. Pooled liabilities - Distribution of surplus.
§85A-103. Associations pooling liability.
§85A-104. Workers' Compensation Commission and Self-Insurance Guaranty Fund Board liability.
§85A-106. Strict construction.
§85A-107. Workers' compensation provided by public entities.
§85A-108. Dismissal of claims.
§85A-109. Workers' compensation counselor or ombudsmen program.
§85A-110. Alternative dispute resolution program.
§85A-111. Commencement of benefit claim - Prehearing conference.
§85A-112. Independent medical examiners.
§85A-113. Transfer of case management - Case managers.
§85A-115. Joint Petition for settlement.
§85A-116. Awards for permanent disability.
§85A-117. Estoppel from denying employment.
§85A-119. Copies of documents.
§85A-120. Inquiry about compensation claims.
§85A-121. Advisory Council on Workers' Compensation.
§85A-122. Costs of administering act.
§85A-124. Transfers from Workers' Compensation Court.
§85A-125. Computation of time.
§85A-300. Short title - Workers' Compensation Arbitration Act.
§85A-301. Arbitration agreements.
§85A-303. Agreements governed by act.
§85A-305. Application for judicial relief.
§85A-306. Agreement to submit to arbitration.
§85A-307. Refusal to arbitrate.
§85A-308. Judgement for provisional remedies.
§85A-309. Initiation of arbitration.
§85A-310. Consolidation of separate arbitration proceedings.
§85A-311. Method of appointing arbitrator.
§85A-313. Multiple arbitrators.
§85A-314. Immunity from civil liability.
§85A-315. Summary disposition - Notice of hearing - Right to be heard - Replacement arbitrator.
§85A-316. Payment of legal fees.
§85A-317. Subpoenas - Depositions - Discovery.
§85A-319. Record of the award.
§85A-320. Modification of awards.
§85A-321. Benefits - Attorney fees.
§85A-322. Judgments confirming the award.
§85A-324. Modification of awards by Commission.
§85A-325. Judgment entered by Commission.
§85A-326. Exclusive jurisdiction.
§85A-400. Workers' Compensation Court.
§85A-401. Workers' Compensation Court of Existing Claims Revolving Fund.