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OK SB1378
Bill
AI Summary
SB1378 Summary: Oklahoma Employee Injury Benefit Act
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Allows employers with 50+ employees, high workers' compensation experience modifiers (>1.00), or significant annual claims (>$50,000) to voluntarily opt out of the Workers' Compensation Code by becoming "qualified employers"
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Qualified employers must establish a written benefit plan providing medical coverage, wage replacement at 80% of pre-injury pay for up to 156 weeks, permanent disability benefits, and death benefits of up to $200,000
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Qualified employers gain exclusive remedy protection from lawsuits except for intentional torts, requiring $2,500 annual fee to the Insurance Commissioner and security bonds or insurance ($300,000 minimum)
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Employers must provide employee notice and compliance with ERISA requirements; benefit plans cannot provide less than Workers' Compensation Code benefits for the same injury
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Creates framework for dispute resolution through benefit plans and arbitration for intentional tort claims, with specific statute of limitations (2 years) and limitations on attorney fees (20% cap on lost earnings awards)
Legislative Description
Benefits for employee injury; creating the Oklahoma Employee Injury Benefit Act. Effective date.
Insurance
Last Action
Second Reading referred to Judiciary
3/19/2012