OK Supreme Court Rules Companies Cannot Set Rules For Injured Workers

<p>The Oklahoma State Supreme Court ruled that companies cannot make their own rules for injured workers, but the battle does not end there.</p>

Wednesday, September 14th 2016, 3:33 pm



The State Supreme Court ruled that a controversial workers compensation law is not constitutional. That ruling has politicians and companies all over the country scrambling.

The 2013 law says companies can opt out of workers comp and make their own rules regarding injured workers. It's part of a national effort to rewrite laws to allow companies to opt out. 

Three years ago, Golda Hamilton hurt her shoulder at work. It was so bad she'll never work again. Without workers compensation, she doesn't know where she'd be.

"I lost a lot of income,” said Hamilton. “A lot of time; and it's very stressful. It causes you depression. Anxiety."

Lawmakers say workers comp rates were through the roof, and they had to do something.

"We saw our high workers comp rates were sending people and businesses outside the state,” said Senator Kyle Loveless (R) Oklahoma City. “We were seeing New York Times op-eds saying don't go to Oklahoma for business. So we remedied that by allowing businesses to opt out of workers comp. State losses dropped 47-percent as businesses decided how to treat injured employees.”

Attorney Kord Hammert of Lawyers for Working Oklahomans said that's not fair.

"The richest of the rich are jerking that dollar out of the workers pocket, they're putting it in their profit margin,” said Hammert.

The State Supreme Court agreed, ruling all workers are not treated the same under the law.  

Senator Loveless said this is just a case of justices legislating from the bench.

"When justices get into legislating that's where the problem arises. That's something where you've seen efforts to reform the bench from the legislature because it's that constant struggle,” said Loveless.

Loveless said legislators will tweak the law and try again.

"Somehow maybe adding a layer to it or something to the effect where it changes it just enough to strike that balance a little bit more,” said Loveless.

Now the question is, what happens with all of those injured workers who received compensation under the opt out law?

Hammert said those people will likely go back before a workers comp judge and present their cases again.  

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