SB 642: Worker's compensation; expanding rights and remedies granted to certain persons; authorizing agreement between contractors to provide certain insurance coverage. Emergency. - Oklahoma

Floor (House) → Floor (Senate) · 5 edits

MODERATE

This bill amends Oklahoma's workers' compensation law to clarify exclusive remedy protections, expand exceptions where employees can sue employers directly, and address immunity for other employers on the same job site. The changes make the law more gender-neutral, update statutory references, and clarify how immunity applies in construction and loaned servant situations.

Scope change

The bill expands the circumstances under which employees can bypass exclusive remedy protections to sue employers directly, particularly when employers fail to pay compensation or when intentional torts occur.

ELIGIBILITY

Added exceptions allowing employees to sue directly when employers fail to secure required compensation payments or when injuries result from intentional torts by the employer.

DEFINITION

Added gender-neutral language throughout the statute to ensure equal application regardless of the employee's gender.

SCOPE

Modified immunity provisions to clarify when other employers on the same job site are protected and when they are not, particularly in construction and loaned servant scenarios.

REQUIREMENT

Added requirements that immunity from civil liability applies regardless of whether the injured employee is denied compensation under the act.

TECHNICAL

Updated statutory references and codified the act for consistency with current Oklahoma law.

SB642 (3-17-25) (PAXTON) FA1.PDF → Floor (House) · 5 edits

MODERATE

This bill amends Oklahoma's workers' compensation law to clarify exclusive liability protections for employers, update statutory references, and address gaps in coverage for contractors and subcontractors. The changes ensure that workers' compensation remains the exclusive remedy for most workplace injuries while preserving contractual indemnification rights and clarifying exceptions for intentional torts and employer negligence.

Scope change

The bill expands the scope of workers' compensation protections to include general contractors providing coverage to subcontractors and clarifies immunity protections for various employer roles and capacities.

SCOPE

Added explicit protection for general contractors who provide workers' compensation insurance to subcontractors from liability claims by injured employees.

ELIGIBILITY

Clarified that exclusive remedy protections apply regardless of the multiple roles an employer may hold, preventing liability from being imputed based on capacity other than employer.

REQUIREMENT

Added provisions allowing injured employees to sue in court if employers fail to secure required compensation payments or if injuries result from intentional torts.

Clarified that immunity protections do not extend to negligent design plans and specifications by architects, engineers, or surveyors.

DEFINITION

Updated statutory references and made language gender neutral throughout the workers' compensation provisions.

Committee Substitute → SB642 (3-17-25) (PAXTON) FA1.PDF · 4 edits

MODERATE

This bill update reorganizes the section numbering and clarifies exclusivity of workers' compensation remedies. It adds language to ensure that exclusive remedy protections apply even if an employee is denied benefits, and expands exceptions to immunity for cases involving intentional torts or employer failures to pay compensation.

Scope change

The bill's scope remains focused on workers' compensation exclusivity, but the amendments clarify when exclusivity does not apply and strengthen protections for injured employees in specific scenarios.

TECHNICAL

Reorganized section lettering (e.g., changing subsection B to C, C to D) to correct numbering errors.

ELIGIBILITY

Clarified that exclusive remedy protections apply regardless of whether an employee is denied or deemed ineligible for compensation.

REQUIREMENT

Added explicit language defining when an intentional tort exists, requiring willful or deliberate intent to cause injury.

ENFORCEMENT

Expanded exceptions to immunity for employers who fail to secure required compensation payments, allowing injured employees to sue for damages.

Senate Conference Committee Substitute → Committee Substitute · 4 edits

MODERATE

This bill amends Oklahoma's workers' compensation law to clarify exclusive remedy protections, update statutory references, and modify how immunity applies to employers and contractors. The changes remove references to a conference committee substitute and streamline the text while maintaining core protections for employees and employers.

Scope change

The bill's scope remains focused on workers' compensation liability and exclusive remedy provisions, with no significant changes to applicability or coverage requirements.

TECHNICAL

Removed 'Conference Committee Substitute' designation and updated formatting to reflect 'Committee Substitute' status.

Revised the act's summary language to remove references to amending Section 45 and modifying disability compensation standards.

Adjusted subsection lettering and formatting throughout the bill text to correct numbering inconsistencies.

Updated page reference numbers and removed duplicate text fragments from the legislative text.

Enrolled (final version) → Senate Conference Committee Substitute · 3 edits

MINOR

The Conference Committee Substitute reorganized the bill's formatting and numbering while preserving the substantive text of the workers' compensation amendments. The core policy provisions regarding exclusive liability, intentional tort exceptions, and immunity from civil liability remain unchanged from the enrolled version.

Scope change

No substantive change to the bill's scope or applicability; changes are primarily formatting and structural reorganization of the legislative text.

TECHNICAL

Reorganized header information and page numbering from the enrolled version to the conference committee substitute format, which is standard procedure for conference reports.

Adjusted line breaks and paragraph spacing throughout the text to conform to conference committee formatting standards.

Removed original bill sponsor attribution lines and replaced with conference committee substitute designation.

Engrossed → Enrolled (final version) · 5 edits · May 27, 2025

MODERATE

The bill was finalized and enrolled for passage, with several substantive amendments to Oklahoma's workers' compensation law. The final version adds new provisions regarding disability classification and compensation standards, modifies the immunity exceptions for intentional torts, and clarifies the loaned servant doctrine. These changes expand protections for workers while maintaining the exclusive remedy framework of workers' compensation.

Scope change

The bill's scope expanded from primarily addressing exclusive liability and contractor agreements to also include amendments to disability classification and compensation standards under Section 45 of the Administrative Workers' Compensation Act.

SCOPE

Added amendment to 85A O.S. 2021, Section 45 relating to disability classification and compensation standards

REQUIREMENT

Modified intentional tort definition to clarify that knowledge of injury certainty does not constitute intentional tort, requiring specific intent to cause injury

Added new language clarifying that loaned servant doctrine is not abrogated except as specifically described in the bill

ELIGIBILITY

Modified immunity exceptions to clarify when immunity does not apply to other employers on the same job site

TECHNICAL

Corrected formatting and numbering inconsistencies throughout the enrolled version

Amended And Engrossed → Engrossed · 4 edits · May 21, 2025

MODERATE

This bill amends Oklahoma's workers' compensation law to clarify exclusive remedy provisions, update statutory references, and modify immunity rules for employers. The changes affect how employees can pursue legal claims outside workers' compensation and establish new protections for certain professionals involved in construction projects.

Scope change

The bill expands protections for architects, engineers, and land surveyors by explicitly classifying them as intermediate or principal employers for construction projects, while excluding them from liability for negligent design work.

ELIGIBILITY

Updated the exclusive remedy provision to clarify when employees can pursue legal action outside workers' compensation, including cases where employers fail to pay compensation or commit intentional torts.

REQUIREMENT

Added new provisions protecting architects, professional engineers, and land surveyors from liability for negligence in design plans and specifications on construction projects.

TECHNICAL

Corrected formatting and numbering inconsistencies throughout the bill text, including section headers and amendment designations.

DEFINITION

Added new definition section to clarify terms used in the amended workers' compensation statute.

Introduced → Amended And Engrossed · 5 edits · May 21, 2025

MODERATE

The bill was amended to expand the scope of workers' compensation exclusivity by adding general contractors who provide insurance to subcontractors to the list of parties from whom employees cannot sue. It also updated the title to reflect new provisions regarding contractor insurance agreements and modified disability compensation standards. These changes clarify who is protected from lawsuits and adjust how certain disability claims are handled.

Scope change

Expanded exclusivity protections to include general contractors providing insurance to subcontractors, and added provisions for contractor insurance agreements and premium deductions.

SCOPE

Added general contractors providing workers' compensation insurance to subcontractors to the list of parties from whom injured employees cannot seek damages outside workers' compensation.

Updated the bill title to include new provisions about contractor insurance agreements, premium deductions, and disability classification changes.

REQUIREMENT

Added provisions authorizing agreements between contractors to provide certain insurance coverage and allowing premium deductions under specific agreements.

ELIGIBILITY

Modified disability classification and compensation standards, particularly for permanent partial disability cases.

DEFINITION

Added new definitions related to contractor insurance agreements and premium deduction mechanisms.

Worker's compensation; expanding rights and remedies granted to certain persons; authorizing agreement between contractors to provide certain insurance coverage. Emergency.

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