{"data":{"id":"us-ok/okla.-stat.-tit.-85a-85a-43","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 85A, § 85A-43","heading":"Liability Unaffected - Subrogation","body":"A. Liability Unaffected.\n\n1. a. The making of a claim for compensation against any\n\nemployer or carrier for the injury or death of an\n\nemployee shall not affect the right of the employee,\n\nor his or her dependents, to make a claim or maintain\n\nan action in court against any third party for the\n\ninjury.\n\nb. The employer or the employer's carrier shall be\n\nentitled to reasonable notice and opportunity to join\n\nin the action.\n\nc. If the employer or employer's carrier join in the\n\naction against a third party for injury or death, they\n\nshall be entitled to a first lien on two-thirds (2/3)\n\nof the net proceeds recovered in the action that\n\nremain after the payment of the reasonable costs of\n\ncollection, for the payment to them of the amount paid\n\nand to be paid by them as compensation to the injured\n\nemployee or his or her dependents.\n\n2. The commencement of an action by an employee or his or her\n\ndependents against a third party for damages by reason of an injury\n\nto which this act is applicable, or the adjustment of any claim,\n\nshall not affect the rights of the injured employee or his or her\n\ndependents to recover compensation, but any amount recovered by the\n\ninjured employee or his or her dependents from a third party shall\n\nbe applied as follows:\n\na. reasonable fees and costs of collection shall be\n\ndeducted,\n\nb. the employer or carrier, as applicable, shall receive\n\ntwo-thirds (2/3) of the remainder of the recovery or\n\nthe amount of the workers' compensation lien,\n\nwhichever is less, and\n\nc. the remainder of the recovery shall go to the injured\n\nemployee or his or her dependents.\n\nB. Subrogation.\n\n1. An employer or carrier liable for compensation under this\n\nact for the injury or death of an employee shall have the right to\n\nmaintain an action in tort against any third party responsible for\n\nthe injury or death. However, the employer or the carrier shall\n\nnotify the claimant in writing that the claimant has the right to\n\nhire a private attorney to pursue any benefits to which the claimant\n\nis entitled in addition to the subrogation interest against any\n\nthird party responsible for the injury or death.\n\n2. After reasonable notice and opportunity to be represented in\n\nthe action has been given to the injured employee, the liability of\n\nthe third party to the compensation beneficiary shall be determined\n\nin the action, as well as the third party's liability to the\n\nemployer and carrier.\n\n3. If the employer recovers against the third party, by suit or\n\notherwise, the injured employee shall be entitled to any amount\n\nrecovered in excess of the amount that the employer and carrier have\n\npaid or are liable for in compensation, after deducting reasonable\n\ncosts of collection.\n\n4. An employer or carrier who is liable for compensation under\n\nthis act on account of injury or death of an employee shall be\n\nentitled to maintain a third-party action against the employer's\n\nuninsured motorist coverage or underinsured motorist coverage.","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":"07d7e48216dfa547cd324e8da00765c2cd2aac1407dda2b7ee6514d6b2166409","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-85a-85a-42","next":"us-ok/okla.-stat.-tit.-85a-85a-44"},"notice":"GroundRules: Original legal text. Not legal advice."}