{"data":{"id":"us-ok/okla.-stat.-tit.-85a-85a-36","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 85A, § 85A-36","heading":"Liability other than immediate employer","body":"A. If a subcontractor fails to secure compensation required by\n\nthe Administrative Workers' Compensation Act, the prime contractor\n\nshall be liable for compensation to the employees of the\n\nsubcontractor unless there is an intermediate subcontractor who has\n\nworkers' compensation coverage.\n\nB. 1. Any contractor or the contractor's insurance carrier who\n\nshall become liable for the payment of compensation on account of\n\ninjury to or death of an employee of his or her subcontractor may\n\nrecover from the subcontractor the amount of the compensation paid\n\nor for which liability is incurred.\n\n2. The claim for the recovery shall constitute a lien against\n\nany monies due or to become due to the subcontractor from the prime\n\ncontractor.\n\n3. A claim for recovery shall not affect the right of the\n\ninjured employee or the dependents of the deceased employee to\n\nrecover compensation due from the prime contractor or his or her\n\ninsurance carrier.\n\nC. 1. a. When a subcontractor elects not to secure compensation\n\nand is not required to secure compensation pursuant to\n\nthis title, the prime contractor is not liable under\n\nthe Administrative Workers' Compensation Act for\n\ninjuries sustained by the subcontractor or any person\n\nworking with the subcontractor who is not considered\n\nan employee of the subcontractor pursuant to Section 2\n\nof this title, and if the injured person is not an\n\nemployee of the prime contractor.\n\nb. (1) If a subcontractor has filed with the Commission\n\nan unexpired Affidavit of Exempt Status, the\n\nsubcontractor and any person who works with the\n\nsubcontractor but is not considered an employee\n\nof the subcontractor pursuant to Section 2 of\n\nthis title shall be conclusively presumed not to\n\nbe covered by the law or to be employees of the\n\nprime contractor during the term of the\n\naffidavit.\n\n(2) This provision shall not affect the rights or\n\ncoverage of any employee of a subcontractor.\n\n2. The prime contractor's insurance carrier shall not be liable\n\nfor injuries to the subcontractor described in this section who have\n\nfiled an unexpired Affidavit of Exempt Status, and the carrier shall\n\nnot include compensation paid by the prime contractor to the\n\nsubcontractor described above in computing the insurance premium for\n\nthe prime contractor.\n\nD. 1. Any individual or business entity that is not required\n\nto secure compensation pursuant to the requirements of the\n\nAdministrative Workers' Compensation Act may execute an Affidavit of\n\nExempt Status. The \"Affidavit of Exempt Status\" shall be a form\n\nprescribed by the Workers' Compensation Commission available on the\n\nCommission's website. The Commission may assess a nonrefundable fee\n\nnot to exceed Fifty Dollars ($50.00) per individual or business\n\nentity for filing of an Affidavit of Exempt Status at the\n\nCommission. An Affidavit of Exempt Status executed and filed with\n\nthe Commission shall expire at midnight two (2) years from the date\n\nfiled. A new Affidavit of Exempt Status may be filed prior to\n\nexpiration to renew an existing Affidavit of Exempt Status.\n\n2. a. Knowingly providing false information on an executed\n\naffidavit shall constitute a misdemeanor punishable by\n\na fine not to exceed One Thousand Dollars ($1,000.00).\n\nb. In the event changed circumstances make securing\n\ncompensation pursuant to the requirements of the\n\nAdministrative Workers' Compensation Act necessary,\n\nthe individual or business entity on whose behalf the\n\naffidavit was executed shall execute and file a\n\nCancellation of Affidavit of Exempt Status. The\n\nCommission shall prescribe a form for cancellation of\n\nan affidavit which shall be available on the\n\nCommission's website.\n\nc. Affidavits shall conspicuously state on the front\n\nthereof in at least ten-point, bold-faced print that\n\nit is a crime to falsify information on the form.\n\nd. The Commission shall immediately notify the Workers'\n\nCompensation Fraud Unit in the Office of the Attorney\n. The\n\nCommission shall prescribe a form for cancellation of\n\nan affidavit which shall be available on the\n\nCommission's website.\n\nc. Affidavits shall conspicuously state on the front\n\nthereof in at least ten-point, bold-faced print that\n\nit is a crime to falsify information on the form.\n\nd. The Commission shall immediately notify the Workers'\n\nCompensation Fraud Unit in the Office of the Attorney\n\nGeneral of any violations or suspected violations of\n\nthis section. The Commission shall cooperate with the\n\nFraud Unit in any investigation involving affidavits\n\nexecuted pursuant to this section.\n\nThe execution or filing of an affidavit shall not affect the\n\nrights or coverage of any employee of the affiant or business entity\n\non whose behalf the affiant executes or files an affidavit.\n\n3. Fees collected pursuant to this section shall be deposited\n\nin the State Treasury to the credit of the Workers' Compensation\n\nCommission Revolving Fund.\n\nE. If work is performed by an independent contractor on a\n\nsingle-family residential dwelling occupied by the owner, or the\n\npremises of such dwelling, or for a farmer whose cash payroll for\n\nwages, excluding supplies, materials and equipment, for the\n\npreceding calendar year did not exceed One Hundred Thousand Dollars\n\n($100,000.00), such owner or farmer shall not be liable for\n\ncompensation under the Administrative Workers' Compensation Act for\n\ninjuries to the independent contractor or his or her employees.\n\nF. If an owner of a project or job enters a contract with a\n\ncontractor, and the owner of the project or job does not\n\nsubstantively form an employment relationship with its contractor,\n\nthen the owner of the project or job shall not be liable for\n\ncompensation for a compensable injury to any contractor or\n\nsubcontractor in any tier or employee of any contractor or\n\nsubcontractor in any tier.","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":"37d6c2d95b8378a460ae20fcf73d9631530f977c32b1199b35e7955cba1c8ed8","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-85a-85a-35.1","next":"us-ok/okla.-stat.-tit.-85a-85a-37"},"notice":"GroundRules: Original legal text. Not legal advice."}