The Oklahoma Option allows qualified employers that meet certain injury benefit and financial security requirements to exit the workers’ compensation system and sponsor their own injury benefit plan.
An Option benefit plan must provide for payment of the same forms of benefits included in the Oklahoma workers’ compensation system for temporary total disability, temporary partial disability, permanent partial disability, vocational rehabilitation, permanent total disability, disfigurement, amputation, or permanent total loss of use of a scheduled member, death, and medical expense. In exchange for paying the benefits required by statute, the employer is entitled to “exclusive remedy” protection against negligence liability lawsuits, similar to employers that provide workers’ compensation insurance.
The Dillard’s v. Vasquez ruling is a shame. We’re taking time to analyze the court’s decision and invite you to take a look at just how successful the Oklahoma Option has been.