The Oklahoma workers’ compensation system exists as a compromise that was reached in the Oklahoma Legislature decades ago. The worker does not need to prove fault. In return, the employer does not have to pay pain and suffering damages, and only pays a portion of the wages the worker loses. There are several key ways that workers’ compensation cases differ from personal injury cases. Fault vs. no-fault. In personal injury cases, the injured victim must prove that negligence caused his/her injuries. In workers’ compensation cases, there is no need to prove the employer was at fault. Pain and suffering. In many personal injury cases, the pain and suffering award is the biggest part of the negligence claim. The award compensates the victim for the daily aches and pains, anxiety, and depression of coping with an injury. In workers’ compensation cases, the employee is not entitled to a pain and suffering award. Lost wages. In personal injury cases, the victim is entitled to all the wages or income he/she loses due to the injury. In workers compensation cases, there are limitations. In general, workers are entitled to 70% of their average weekly wages for a number of weeks. However, if a worker does not have surgery then they are cut off after 16 weeks. Once the worker reaches maximum medical improvement (MMI), the worker is evaluated to determine whether he/she has a permanent disability. Typically, employees’ cases are then settled their based upon on the degree of their permanent partial disability. Vocational rehabilitation expenses. Employees may be entitled to be trained for a new job if it’s clear they can’t do their old job because of the injury. Many workers who did physical labor may be eligible to be trained for a clerical or desk job. Doctor selection. In personal injury cases, accident victims are free to choose their own doctors. In workers’ compensation cases, there are special rules that are applicable to how a doctor will be selected. Case monitoring. In workers’ compensation cases, the employer may be able to appoint a nurse case manager to monitor the case for the employer. In personal injury cases, there is no formal monitoring process. The process is different too. In personal injury cases, if the case can’t be settled, the claim is heard by a judge or a jury. If workers’ compensation cases, the claim is heard by an administrative law judge. In some cases, such as intentional misconduct, an employee can file a personal injury claim against an employer.