OklahomaSB 95Oklahoma 2026 Regular SessionSenateWALLET

Workers' compensation; amending definitions. Effective date.

Sponsored By: Ally Seifried (Republican)

Signed by Governor

Senate Committee

Your PRIA Score

Score Hidden

Personalized for You

How does this bill affect your finances?

Sign up for a PRIA Policy Scan to see your personalized alignment score for this bill and every other piece of legislation we track. We analyze your financial profile against policy provisions to show you exactly what matters to your wallet.

Free to start

Bill Overview

Analyzed Economic Effects

13 provisions identified: 3 benefits, 2 costs, 8 mixed.

What counts as workplace misconduct

Beginning November 1, 2025, the law lists examples of misconduct, including unexplained absences or tardiness, dishonesty, violating laws or safety rules, willful breaches of duty, and actions that risk health, life, or property. Misconduct can affect discipline and workers’ compensation outcomes.

How disability and work limits are decided

Beginning November 1, 2025, disability means you cannot earn roughly the same wages because of a compensable injury. Only objective medical findings count for permanent disability, and the AMA Guides Sixth Edition applies when listed. Permanent partial disability applies after MMI if your doctor releases you to work but you cannot return to your pre‑injury or equivalent job; it must be backed by objective findings. Permanent total disability means you cannot earn wages in any suitable job; losing both hands, both feet, both legs, or both eyes, or any two of those, also qualifies. “Gainful employment” excludes part‑time, occasional, or sporadic work, and an “equivalent job” pays at least 100% of your average weekly wage. Temporary partial disability applies when you cannot do your regular job but can do alternative work. Scheduled members are listed body parts, and for the Multiple Injury Trust Fund, hearing loss also counts.

What counts as a work injury

Beginning November 1, 2025, a compensable injury must mainly come from a work accident, repetitive trauma, or occupational disease and be proven with objective medical evidence. The workplace cause must be more than 50% of the harm, proven by a preponderance of the evidence. The law narrows coverage: commuting, personal travel, most break‑area injuries, routine fatigue or soreness, and many preexisting or degenerative conditions do not count. A consequential injury needs objective proof that treatment is required. Harm to prosthetic devices is covered, and the time or date of accident is the event that caused the injury. A claimant is anyone who files for benefits under these rules.

Who counts as a covered worker

Beginning November 1, 2025, the law defines who is an employee and who is not. It covers most people hired under any contract, including minors, and includes National Guard members on state orders and some authorized volunteers. It excludes several groups, such as agricultural workers for employers with under $100,000 in last year’s payroll, domestic workers for households with under $50,000 in payroll, commission-only real estate agents, some owners with 10%+ interest unless they opt in, small related employers with five or fewer, and many volunteers and owner-operators. An employer can be a person, company, school board, city, county, or other public body, and a subcontractor is anyone hired by a prime contractor for a specific task. Drive‑away vehicle delivery operations are clarified as covered activities.

Wages and tips used for benefits

Beginning November 1, 2025, your wages for benefits include cash pay plus the reasonable value of housing or lodging from your employer. Tips count as the greater of the amount required to be reported under federal rules or the tips you actually reported. The state average weekly wage comes from the Oklahoma Employment Security Commission and is used as a baseline in the system.

What counts as compensation benefits

Beginning November 1, 2025, compensation includes money paid to injured workers or their dependents, medical services and supplies listed in the law, and funeral expenses. This clarifies what items are payable after a qualifying work injury or death.

Limits after maximum medical improvement

Beginning November 1, 2025, once you reach maximum medical improvement, only maintenance care that is reasonable and necessary is covered. The law excludes diagnostic tests, surgery, injections, counseling, physical therapy, and pain‑management devices from long‑term maintenance. Injections are not treated as surgery under the Act. These limits can raise out‑of‑pocket costs after you have reached MMI.

Care managed by certified, evidence-based plans

Beginning November 1, 2025, employers may use certified workplace medical plans that pay doctors fee‑for‑service and are approved by the State Commissioner of Health. Injured workers’ care is coordinated by qualified case managers (Oklahoma RNs or holders of listed national certifications). Treatment decisions follow the Official Disability Guidelines and other peer‑reviewed, scientifically based evidence. “Medical services” are the items listed in Section 50. These rules standardize care and formalize provider networks.

Rules for self-insured employers

Beginning November 1, 2025, a private self‑insurer is a private employer authorized to self‑insure (not a group association and not a public employer). A self‑insurer is impaired if it cannot pay claims, is in bankruptcy, or has a court‑appointed receiver or similar officer. When a self‑insurer is impaired, claims may shift to other payors under state processes.

Who counts for workers' comp death benefits

Beginning November 1, 2025, death benefits pay only if the death results from a compensable work injury. A surviving spouse is one in a marriage Oklahoma recognizes, including common-law as the Commission decides. A child can be under 18; 18 or older who cannot self-support; 18 or older who actually depends on the worker; or a full‑time student aged 18–23. It also covers posthumous, adopted or pending‑adoption children, certain stepchildren, and acknowledged children born out of wedlock. Anyone is “actually dependent” if they received one‑half or more of their support from the worker.

Workers' comp coverage for authorized volunteers

Beginning November 1, 2025, authorized unpaid firefighters, peace officers, and emergency management workers count as employees for workers’ compensation while serving. This brings these volunteers into the system for covered duties.

New workers' comp rules start Nov 2025

All new definitions and rules in this act take effect November 1, 2025. Claims and employers follow these rules starting that date.

Which insurers and agency the law names

Beginning November 1, 2025, “carrier” means licensed workers’ compensation insurers and, when the context requires, approved self‑insured employers or groups. “Commission” means the Oklahoma Workers’ Compensation Commission.

Sponsors & Cosponsors

Sponsor

Ally Seifried
Republican • Senate

Cosponsors

Nick Archer
Republican • House
Bill Coleman
Republican • Senate
Christi Gillespie
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 104 • No: 2

House vote • 4/30/2025

Top_of_Page

Yes: 88 • No: 0

House vote • 4/22/2025

DO PASS

Yes: 8 • No: 0

House vote • 4/3/2025