Worker’s Choosing Comp Blocks his Path to Gross Negligence Action under Okla. Law

Case File

A worker's journey to workers' compensation benefits blocked his path to a gross negligence claim. Simply Research subscribers have access to Oklahoma caselaw and compliance material.

Case

Cactus Drilling Co. LLC. v. Kirkland, No. 123508 (Okla. 02/09/26)

What Happened?

A worker was injured while working on a drill line at an oil rig when a 30-pound piece of equipment malfunctioned and fell from a heigh of 40 feet, striking him on the hard hat and causing a traumatic brain injury.

The worker brought a tort action in court and also filed a workers' compensation claim. The employer moved to dismiss the court case, citing Oklahoma's exclusivity provision.

The trial court held that the worker's gross negligence claim did not violate Oklahoma's exclusivity rule, subject to subrogation. The employer appealed to the Oklahoma Supreme Court.

Rule of Law

Under relevant Oklahoma law, "if an employer has failed to secure the payment of compensation ... or in the case of an intentional tort, the injured employee or his or her legal representative may maintain an action either before the Oklahoma Workers' Compensation Commission or in the district court, but not both."

What the Oklahoma Supreme Court Said

According to the court, the worker's gross negligence claim violated Oklahoma's exclusivity provisions because it violated the "but not both" portion.

"While an employee is permitted to file an intentional tort action ... against his employer, the claim is still subject to the ... prohibition against claim-splitting," the court wrote.

The court reasoned that when the worker instituted a workers' compensation claim, invoked the Workers' Compensation Commission's jurisdiction, pursued and continued that claim for almost two years and received benefits, he was barred from pursing his claim in district court, even if he later chose to dismiss the workers' compensation claim.

So, what of the subrogation point? The court explained that subrogation could not apply to the worker's claim.

"Under Oklahoma law, a party that brings a subrogation action assumes the legal rights of its insured to recover money owed by the at-fault third-party," the court wrote. "Employer, through its workers' compensation carrier, cannot file an action against itself."

Verdict: The Oklahoma Supreme Court issued a writ of prohibition to bar enforcement of the trial court's judgment and a writ of mandamus order that court to dismiss the negligence claims.

Takeaway

Once a worker starts a workers' compensation claim in Oklahoma, he cannot later bring a gross negligence action.

Share This Article: