The Oklahoma workers compensation act — formally the Oklahoma Administrative Workers’ Compensation Act, found at Oklahoma Statutes Title 85A (85A O.S. § 1 et seq.); replaced the old Title 85 court-based system under 2013 legislation — is the statute behind every workers’ comp claim, benefit and employer mandate in the state.
This plain-English guide to the Oklahoma workers compensation act gives the section numbers next to the rules people actually need: who must be covered, the deadlines, the waiting period, the pay rate, the exclusive-remedy bargain, the ban on retaliation and the penalties. Verified against the official code as of October 2026.
Oklahoma at a Glance
| Official name | Administrative Workers’ Compensation Act |
| Where it lives | Oklahoma Statutes Title 85A (85A O.S. § 1 et seq.); replaced the old Title 85 court-based system under 2013 legislation |
| First enacted | 1915 |
| Reporting deadline | 30 days from the date of injury, given orally or in writing (85A O.S. § 68); late notice creates a rebuttable presumption that the injury was not work-related. For occupational disease or cumulative trauma, the deadline is 30 days after leaving the job. |
| Filing deadline | 1 year from the date of injury, or 6 months from the last benefit payment if benefits were paid (85A O.S. § 69(A)); for occupational disease, 2 years from the last injurious exposure (85A O.S. § 69) |
| Exclusive remedy | 85A O.S. § 5 — workers’ comp is the employee’s only remedy against the employer and its officers, co-employees and prime contractor. Main exception: if the employer did not secure coverage, the worker may choose comp or a lawsuit. § 5 also has an intentional-tort exception. |
In This Oklahoma Guide:
What the Oklahoma Workers Compensation Act Is
An workers’ compensation act is an no-fault deal written into state law: the employer pays for work injuries without the worker proving fault, and the worker gives up most lawsuits against the employer in return. The Oklahoma workers compensation act dates to 1915.
It lives at Oklahoma Statutes Title 85A (85A O.S. § 1 et seq.); replaced the old Title 85 court-based system under 2013 legislation, and the official text is linked in the sources.
Who the Oklahoma Workers Compensation Act Covers
85A O.S. § 3 (every employer and employee is bound by the Act unless the Act says otherwise) and 85A O.S. § 38 (employer must secure compensation); in general this applies once an employer has 1 employee 85A O.S. § 2 (definitions of “employee”); agricultural, ranching and horticultural workers are excluded when the employer’s prior-year gross payroll for those workers was under 150000,
or when the worker does not operate motorized machines; children working in a parent’s agricultural business are also excluded (SB 1076, 2025)
Deadlines in the Oklahoma Workers Compensation Act
Waiting period: 85A O.S. § 45 — no temporary total disability pay for the first 3 days of the initial disability period. Wage-loss rate: 85A O.S. § 45 — temporary total disability is 70 percent of the worker’s average weekly wage, capped at the state average weekly wage, for up to 156 weeks (the yearly maximum is set under § 45; confirm the current figure with the Commission).
Oklahoma Workers Compensation Act: Key Sections at a Glance
The sections of the Oklahoma workers compensation act that decide most cases, each with its citation:
| Coverage mandate | 85A O.S. § 3 (every employer and employee is bound by the Act unless the Act says otherwise) and 85A O.S. § 38 (employer must secure compensation); in general this applies once an employer has 1 employee |
| Exemptions | 85A O.S. § 2 (definitions of “employee”); agricultural, ranching and horticultural workers are excluded when the employer’s prior-year gross payroll for those workers was under 150000, or when the worker does not operate motorized machines; children working in a parent’s agricultural business are also excluded (SB 1076, 2025) |
| Report an injury | 30 days from the date of injury, given orally or in writing (85A O.S. § 68); late notice creates a rebuttable presumption that the injury was not work-related. For occupational disease or cumulative trauma, the deadline is 30 days after leaving the job. |
| File a claim | 1 year from the date of injury, or 6 months from the last benefit payment if benefits were paid (85A O.S. § 69(A)); for occupational disease, 2 years from the last injurious exposure (85A O.S. § 69) |
| Waiting period | 85A O.S. § 45 — no temporary total disability pay for the first 3 days of the initial disability period |
| Wage-loss rate | 85A O.S. § 45 — temporary total disability is 70 percent of the worker’s average weekly wage, capped at the state average weekly wage, for up to 156 weeks (the yearly maximum is set under § 45; confirm the current figure with the Commission) |
| Exclusive remedy | 85A O.S. § 5 — workers’ comp is the employee’s only remedy against the employer and its officers, co-employees and prime contractor. Main exception: if the employer did not secure coverage, the worker may choose comp or a lawsuit. § 5 also has an intentional-tort exception. |
| Retaliation | 85A O.S. § 7 — an employer may not retaliate against a worker who in good faith filed a claim or hired a lawyer for a claim. District courts have exclusive jurisdiction. Remedy: reasonable actual damages, plus punitive damages capped at 100000. |
| Uninsured employer penalty | 85A O.S. § 40 — failing to secure compensation is a misdemeanor with a fine up to 10000 on conviction; the Commission may also fine the employer up to 1000 per day of violation |
The Exclusive-Remedy Bargain in the Oklahoma Workers Compensation Act
85A O.S. § 5 — workers’ comp is the employee’s only remedy against the employer and its officers, co-employees and prime contractor. Main exception: if the employer did not secure coverage, the worker may choose comp or a lawsuit. § 5 also has an intentional-tort exception.
Retaliation and Penalties Under the Oklahoma Workers Compensation Act
85A O.S. § 7 — an employer may not retaliate against a worker who in good faith filed a claim or hired a lawyer for a claim. District courts have exclusive jurisdiction. Remedy: reasonable actual damages, plus punitive damages capped at 100000.
85A O.S. § 40 — failing to secure compensation is a misdemeanor with a fine up to 10000 on conviction; the Commission may also fine the employer up to 1000 per day of violation
Recent Amendments to the Oklahoma Workers Compensation Act
No amendment to the Oklahoma workers compensation act effective in 2024, 2025 or 2026 was identified in the official code at verification time. Benefit maximums still change every year under the existing sections.
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How to Read the Oklahoma Workers Compensation Act
Statute pages are written for lawyers, so read the Oklahoma workers compensation act in this order: the definitions section (who is an employee), the coverage section, then the specific section for your question, using the citations above. The official code is the source; the summaries on legal-information sites are not.
If a section of the Oklahoma workers compensation act seems to conflict with what an insurer told you, the section wins — and the state agency’s information line can confirm it for free.
Applying the act: the Oklahoma claim guide turns these sections into steps and dates, and the Oklahoma requirements guide covers the employer side.
Frequently Asked Questions
Where is the Oklahoma workers compensation act in the code?
Oklahoma Statutes Title 85A (85A O.S. § 1 et seq.); replaced the old Title 85 court-based system under 2013 legislation. The sources below link to the official text.
How long do I have to report a work injury under the Oklahoma act?
30 days from the date of injury, given orally or in writing (85A O.S. § 68); late notice creates a rebuttable presumption that the injury was not work-related. For occupational disease or cumulative trauma, the deadline is 30 days after leaving the job.. Report in writing as soon as possible either way.
Can I sue my employer instead of using the Oklahoma workers compensation act?
Usually not — the exclusive-remedy section bars most lawsuits against a covered employer. Claims against third parties, and against an uninsured employer, are the common exceptions.
Official Oklahoma Sources & Resources
- Oklahoma Oklahoma Workers’ Compensation Commission (check your state workers’-comp board website)
- Oklahoma Workers’ Comp Statute: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os85A.pdf
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This Oklahoma workers compensation act guide was last verified against official Oklahoma sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
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More Oklahoma Workers’ Comp Guides
- How to File an Oklahoma Workers’ Comp Claim
- Oklahoma Workers’ Comp Settlements
- Oklahoma Workers’ Comp Requirements (Employers)
- Workers’ Comp Guides for All 50 States
Disclaimer: This guide is informational only and is not legal, medical, or financial advice. Workers Comp Explained is an independent educational resource, not a law firm or insurer. Workers’ comp benefits, settlement values, deadlines, and requirements vary by state and by the specific facts of your injury and change over time, and any settlement figures here are illustrative only.
Confirm your rights and any deadline with your state’s workers’ compensation board and a licensed attorney before you act.