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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 85A, § 85A-95: Deductibles

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Where this section sits in the code
  1. OK Code
  2. Title 85A

A. On approval by the Insurance Commissioner, and following the

adoption of such rules as the Insurance Commissioner deems

necessary, each insurer issuing a policy under this act shall offer,

as a part of the policy or as an optional endorsement to the policy,

deductibles optional to the policyholder for benefits payable under

this act. Deductible amounts offered shall be fully disclosed to

the prospective policyholder in writing. The policyholder

exercising the deductible option shall choose only one deductible

amount.

B. Optional deductibles shall be offered in each policy

insuring liability for workers' compensation that is issued,

delivered, issued for delivery, or renewed under this act on or

after approval by the Insurance Commissioner, unless an insured

employer and insurer agree to renegotiate a workers' compensation

policy in effect on that date so as to include a provision allowing

for a deductible.

C. If the policyholder exercises the option and chooses a

deductible, the insured employer shall be liable for the amount of

the deductible for benefits paid for each compensable claim of work

injury suffered by an employee. The insurer shall pay all or part

of the deductible amount, whichever is applicable to a compensable

claim, to the person or medical provider entitled to the benefits

conferred by this act and seek reimbursement from the insured

employer for the applicable deductible amount. The payment or

nonpayment of deductible amounts by the insured employer to the

insurer shall be treated under the policy insuring the liability for

workers' compensation in the same manner as payment or nonpayment of

premiums.

D. If the Insurance Commissioner determines it to be feasible,

and under such rules as he or she may adopt, premium reduction for

deductibles may be determined before the application of any

experience modification, premium surcharge, or premium discounts,

and, to the extent that an employer's experience rating or safety

record is based on benefits paid, money paid by the insured employer

under a deductible as provided in this section may not be included

as benefits paid so as to harm the experience rating of the

employer.

E. This section shall not apply to employers who are approved

to self-insure against liability for workers' compensation or group

self-insurance funds for workers' compensation.

Collected 2026-09-14T18:32:36Z. Source file · JSON

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