This bill amends Section 5 of the Administrative Workers Compensation Act to clarify the exclusive rights and remedies available to employees in the event of injury, illness, or death. It specifies that these rights are exclusive to the employee and their legal representatives, dependents, and next of kin, and that negligent acts of co-employees cannot be attributed to the employer. The bill also introduces gender-neutral language by replacing "his" with "his or her" and updates statutory references and language throughout the section. Additionally, it states that the exclusive remedy does not apply if the employer fails to secure compensation or if the injury results from an intentional tort committed by the employer.
Furthermore, the bill clarifies that provisions in contracts requiring indemnification or defense against liability for employee injuries remain unaffected, regardless of the date of the incident. It also emphasizes that immunity from civil liability applies even if an employee is denied compensation. The bill includes provisions for maintaining legal action in cases where the employer has failed to secure compensation or in instances of intentional torts, allowing the injured employee or their representative to choose between filing a claim with the Oklahoma Workers Compensation Commission or pursuing a lawsuit in district court. An emergency clause is included, allowing the act to take effect immediately upon passage and approval.