{"data":{"id":"us-ok/okla.-stat.-tit.-85a-85a-5","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 85A, § 85A-5","heading":"Exclusive liability - Immunity","body":"A. The rights and remedies granted to an employee subject to\n\nthe provisions of the Administrative Workers’ Compensation Act shall\n\nbe exclusive of all other rights and remedies of the employee, his\n\nor her legal representative, dependents, next of kin, or anyone else\n\nclaiming rights to recovery on behalf of the employee against the\n\nemployer, including a general contractor that provides workers’\n\ncompensation insurance coverage to a subcontractor pursuant to\n\nSection 2 of this act, or any principal, officer, director,\n\nemployee, stockholder, partner, or prime contractor of the employer\n\non account of injury, illness, or death. Negligent acts of a co-\n\nemployee may not be imputed to the employer. No role, capacity, or\n\npersona of any employer, principal, officer, director, employee, or\n\nstockholder other than that existing in the role of employer of the\n\nemployee shall be relevant for consideration for purposes of the\n\nAdministrative Workers’ Compensation Act, and the remedies and\n\nrights provided by the Administrative Workers’ Compensation Act to\n\nan employee or other person claiming rights to recovery on behalf of\n\nthe employee shall be exclusive regardless of the multiple roles,\n\ncapacities, or personas the employer may be deemed to have.\n\nB. Notwithstanding the date of the injury, illness, or death of\n\nan employee, the provisions of subsection A of this section shall\n\nnot affect any provision in an executed contract that requires the\n\nemployer, or any principal, officer, director, stockholder, partner,\n\nor prime contractor of the employer, to indemnify, defend, or hold\n\nharmless another person or entity against liability for the injury,\n\nillness, or death of an employee, including, but not limited to, the\n\nability or requirement to insure for such claims.\n\nC. Exclusive remedy shall not apply if:\n\n1. An employer fails to secure the payment of compensation due\n\nto the employee as required by the Administrative Workers’\n\nCompensation Act. An injured employee, or his or her legal\n\nrepresentative in case death results from the injury, may, at his or\n\nher option, elect to claim compensation under the Administrative\n\nWorkers’ Compensation Act or to maintain a legal action in court for\n\ndamages on account of the injury or death; or\n\n2. The injury was caused by an intentional tort committed by\n\nthe employer. An intentional tort shall exist only when the\n\nemployee is injured as a result of willful, deliberate, specific\n\nintent of the employer to cause such injury. Allegations or proof\n\nthat the employer had knowledge that the injury was substantially\n\ncertain to result from the employer’s conduct shall not constitute\n\nan intentional tort. The employee shall plead facts that show it is\n\nat least as likely as it is not that the employer acted with the\n\npurpose of injuring the employee. The issue of whether an act is an\n\nintentional tort shall be a question of law.\n\nD. The immunity from civil liability described in subsection A\n\nof this section shall apply regardless of whether the injured\n\nemployee is denied compensation or deemed ineligible to receive\n\ncompensation under the Administrative Workers’ Compensation Act.\n\nE. If an employer has failed to secure the payment of\n\ncompensation for his or her injured employee as provided for in the\n\nAdministrative Workers’ Compensation Act, an injured employee, or\n\nhis or her legal representative if death results from the injury,\n\nmay maintain an action in the district court for damages on account\n\nof such injury.\n\nF. Except as provided in Section 2 of this act, the immunity\n\ncreated by the provisions of this section shall not extend to action\n\nagainst another employer, or its employees, on the same job as the\n\ninjured or deceased worker where such other employer does not stand\n\nin the position of an intermediate or principal employer to the\n\nimmediate employer of the injured or deceased worker.\nuch injury.\n\nF. Except as provided in Section 2 of this act, the immunity\n\ncreated by the provisions of this section shall not extend to action\n\nagainst another employer, or its employees, on the same job as the\n\ninjured or deceased worker where such other employer does not stand\n\nin the position of an intermediate or principal employer to the\n\nimmediate employer of the injured or deceased worker.\n\nG. Except as provided in Section 2 of this act, the immunity\n\ncreated by the provisions of this section shall not extend to action\n\nagainst another employer, or its employees, on the same job as the\n\ninjured or deceased worker even though such other employer may be\n\nconsidered as standing in the position of a special master of a\n\nloaned servant where such special master neither is the immediate\n\nemployer of the injured or deceased worker nor stands in the\n\nposition of an intermediate or principal employer to the immediate\n\nemployer of the injured or deceased worker.\n\nH. This section shall not be construed to abrogate the loaned\n\nservant doctrine in any respect other than that described in\n\nsubsection G of this section. Nothing in the Administrative\n\nWorkers’ Compensation Act shall be construed to relieve the employer\n\nfrom any other penalty provided for in the Administrative Workers’\n\nCompensation Act for failure to secure the payment of compensation\n\nunder the Administrative Workers’ Compensation Act.\n\nI. For the purpose of extending the immunity of this section,\n\nany architect, professional engineer, or land surveyor shall be\n\ndeemed an intermediate or principal employer for services performed\n\nat or on the site of a construction project, but this immunity shall\n\nnot extend to the negligent preparation of design plans and\n\nspecifications.\n\nJ. If the employer has failed to secure the payment of\n\ncompensation as provided in the Administrative Workers’ Compensation\n\nAct or in the case of an intentional tort, the injured employee or\n\nhis or her legal representative may maintain an action either before\n\nthe Oklahoma Workers’ Compensation Commission or in the district\n\ncourt, but not both.","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":"b8d63b10ca9aef0a4286fb2983e7650ee9df68db69c6ed14d2ff2f184ef248b8","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-85a-85a-49","next":"us-ok/okla.-stat.-tit.-85a-85a-50"},"notice":"GroundRules: Original legal text. Not legal advice."}