In Oklahoma, if I was in a company vehicle and was hit by another vehicle, do I have to repay workers comp out of my settlement?

UPDATED: Sep 30, 2022

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In Oklahoma, if I was in a company vehicle and was hit by another vehicle, do I have to repay workers comp out of my settlement?

I was operating a work truck and was
blindsided by a tractor trailer owned
by another company. I had injuries to
my left hip and knee, left hand, and
right hand. I was on workers comp for a
few months with physical therapy. Now,
I am being offered a settlement and am
being told, by Oklahoma law, that I
have to repay workers comp expenses out
of my settlement? That doesn’t seem
right to me? Any advice would be
greatly appreciated. Thank you

Asked on February 9, 2017 under Personal Injury, Oklahoma


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You are not allowed to "double recover" from an injury or accident: that is, if you are paid something, like medical costs, by one source, such as insurance or worker's compensation, then get a settlement or judgment in the case which includes payment for the same costs, the entity which paid you the first time (e.g. the insurance company) is allowed to be reimbursed by you for the amounts they paid. That way, you don't receive double payment for the same cost(s). If you don't voluntarily repay, they could sue you for the money. So to the extent the settlement covers the same costs or things that you were paid by worker's comp, you have to repay it.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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