{"data":{"id":"us-ok/okla.-stat.-tit.-85a-85a-107","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 85A, § 85A-107","heading":"Workers' compensation provided by public entities","body":"A. 1. All public entities of this state, their agencies and\n\ninstrumentalities, authorities, and public trusts of which they are\n\nbeneficiaries shall provide workers' compensation to their employees\n\nand elected officials engaged in either governmental or proprietary\n\nfunctions in accordance with this section. Compensation or\n\nindemnification for compensation shall be paid out of the funds of\n\nthe public entities.\n\n2. Except as otherwise provided, the state and all its\n\ninstitutions of higher education, departments, instrumentalities,\n\ninstitutions, and public trusts of which it or they are\n\nbeneficiaries shall insure against liability for workers'\n\ncompensation with CompSource Oklahoma and shall not be permitted to\n\ninsure with any other insurance carrier unless:\n\na. CompSource Oklahoma refuses to accept the risk when\n\nthe application for insurance is made,\n\nb. specifically authorized by law,\n\nc. the state entity can obtain workers' compensation\n\ninsurance coverage at the same cost or at a lower cost\n\nfrom another insurance carrier licensed in this state,\n\nor\n\nd. CompSource Oklahoma begins operating as a mutual\n\ninsurance company.\n\n3. a. The state, all state institutions of higher education\n\nexcept comprehensive universities, and all state\n\ndepartments, instrumentalities, institutions, and\n\npublic trusts of which the state is a beneficiary, may\n\nself-insure. Self-insurance administration may only\n\nbe obtained through CompSource Oklahoma, unless\n\nCompSource Oklahoma begins operating as a mutual\n\ninsurance company.\n\nb. If CompSource Oklahoma begins operating as a mutual\n\ninsurance company:\n\n(1) the state, all state institutions of higher\n\neducation except comprehensive universities, and\n\nall state departments, instrumentalities,\n\ninstitutions, and public trusts so electing to\n\nself-insure shall pay premiums set by CompSource\n\nOklahoma which shall collect premiums, pay claims\n\nand provide for excess insurance, and\n\n(2) all dividends or profits accumulating from a\n\nself-insurance program shall be refunded to the\n\nparticipants on a formula devised by CompSource\n\nOklahoma.\n\nB. All counties, cities and towns, their instrumentalities and\n\npublic trusts of which they are beneficiaries shall insure against\n\ntheir liability for workers' compensation with CompSource Oklahoma\n\nor, through any combination of the following, may:\n\n1. Insure with an insurance carrier licensed in this state;\n\n2. Self-insure and make any appropriation of funds to cover\n\ntheir risk;\n\n3. Secure reinsurance or excess insurance over and above a\n\nself-insurance retention in any manner authorized by subsections B\n\nand C of Section 167 of Title 51 of the Oklahoma Statutes; or\n\n4. Secure compensation for their employees in the manner\n\nprovided in The Governmental Tort Claims Act, subsection C of\n\nSection 167 of Title 51 of the Oklahoma Statutes.\n\nC. Boards of education, their instrumentalities and public\n\ntrusts of which they are beneficiaries shall insure against their\n\nliability for workers' compensation through any combination of the\n\nfollowing:\n\n1. Insure with an insurance carrier licensed in Oklahoma;\n\n2. Self-insure and make any appropriation of funds to cover\n\ntheir risk; or\n\n3. Secure reinsurance or excess insurance over and above a\n\nself-insurance retention in any manner authorized by subsection B of\n\nSection 168 of Title 51 of the Oklahoma Statutes.\n\nD. Comprehensive universities shall insure against their\n\nliability for workers' compensation with CompSource Oklahoma or, if\n\nit can be demonstrated to the Board of Regents of the comprehensive\n\nuniversity prior to the inception date of a workers' compensation\n\npolicy that the policy will result in a lower cost than one with\n\nCompSource Oklahoma or if CompSource Oklahoma begins operating as a\n\nmutual insurance company, through any combination of the following:\nty for workers' compensation with CompSource Oklahoma or, if\n\nit can be demonstrated to the Board of Regents of the comprehensive\n\nuniversity prior to the inception date of a workers' compensation\n\npolicy that the policy will result in a lower cost than one with\n\nCompSource Oklahoma or if CompSource Oklahoma begins operating as a\n\nmutual insurance company, through any combination of the following:\n\n1. Insure with an insurance carrier licensed in Oklahoma; or\n\n2. Self-insurance, making any appropriation of funds to cover\n\ntheir risk.\n\nE. In addition to any other provision of this section, city,\n\ncounty, city-county, and public trust hospitals may insure with\n\nother insurance carriers licensed in this state if it can be\n\ndemonstrated to the governing body of the hospital prior to the\n\ninception date of a workers' compensation policy each year that the\n\npolicy will result in a lower cost than one with CompSource Oklahoma\n\nor if CompSource Oklahoma begins operating as a mutual insurance\n\ncompany.\n\nF. For purposes of this act, all contracts of employment for\n\nstate, county, municipal, and state-funded educational entities and\n\npublic trusts will be considered to have been entered into in this\n\nstate regardless of where the work is performed.\n\nG. When a person is employed by the state, a municipality, a\n\ncounty, or by any political subdivision thereof, and, while off-duty\n\nfrom the employment, is employed by a private employer, the private\n\nemployer alone shall be liable for compensation under this act for\n\nany injury or death of the person arising out of and in the course\n\nof employment which occurs during the hours of actual employment by\n\nthe private employer. The provisions of this subsection shall not\n\nrelieve the state, a municipality or a county, or any political\n\nsubdivision thereof, from providing disability benefits to which a\n\nperson may be entitled pursuant to a pension or retirement plan.\n\nThe provisions of this subsection shall not preclude an employee or\n\ngroup of employees so employed from providing separate compensation\n\ncoverage for off-duty employment by a private employer.","path":["OK Code","Title 85A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os85A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"94988f128bd4ae6c544ed6dcc1ba06ae16a36caf72e89599d83e00605a3264c6","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-85a-85a-106","next":"us-ok/okla.-stat.-tit.-85a-85a-108"},"notice":"GroundRules: Original legal text. Not legal advice."}