Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 642 By: Paxton
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6 AS INTRODUCED
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7 An Act relating to workers' compensation; amending
7 85A O.S. 2021, Section 5, which relates to exclusive
8 liability; clarifying applicability of certain
8 remedies and rights to certain persons; stating
9 effect of provisions to certain contracts; making
9 language gender neutral; updating statutory
10 references; updating statutory language; and
10 declaring an emergency.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 85A O.S. 2021, Section 5, is
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15 amended to read as follows:
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16 Section 5. A. The rights and remedies granted to an employee
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17 subject to the provisions of the Administrative Workers'
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18 Compensation Act shall be exclusive of all other rights and remedies
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19 of the employee, his or her legal representative, dependents, next
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20 of kin, or anyone else claiming rights to recovery on behalf of the
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21 employee against the employer, or any principal, officer, director,
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22 employee, stockholder, partner, or prime contractor of the employer
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23 on account of injury, illness, or death. Negligent acts of a co-
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24 employee may not be imputed to the employer. No role, capacity, or
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1 persona of any employer, principal, officer, director, employee, or
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2 stockholder other than that existing in the role of employer of the
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3 employee shall be relevant for consideration for purposes of this
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4 act the Administrative Workers' Compensation Act, and the remedies
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5 and rights provided by this act the Administrative Workers'
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6 Compensation Act to an employee or other person claiming rights to
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7 recovery on behalf of the employee shall be exclusive regardless of
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8 the multiple roles, capacities, or personas the employer may be
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9 deemed to have.
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10 B. Notwithstanding the date of the injury, illness, or death of
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11 an employee, nothing in subsection A of this section shall affect
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12 any provision in an executed contract that requires the employer, or
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13 any principal, officer, director, stockholder, partner, or prime
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14 contractor of the employer, to indemnify, defend, or hold harmless
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15 another person or entity against liability for an injury, illness,
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16 or death of an employee, including, but not limited to, the ability
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17 or requirement to insure for such claims.
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18 C. Exclusive remedy shall not apply if:
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19 1. An employer fails to secure the payment of compensation due
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20 to the employee as required by this act the Administrative Workers'
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21 Compensation Act. An injured employee, or his or her legal
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22 representative in case death results from the injury, may, at his or
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23 her option, elect to claim compensation under this act the
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1 Administrative Workers' Compensation Act or to maintain a legal
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2 action in court for damages on account of the injury or death; or
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3 2. The injury was caused by an intentional tort committed by
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4 the employer. An intentional tort shall exist only when the
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5 employee is injured as a result of willful, deliberate, specific
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6 intent of the employer to cause such injury. Allegations or proof
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7 that the employer had knowledge that the injury was substantially
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8 certain to result from the employer's conduct shall not constitute
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9 an intentional tort. The employee shall plead facts that show it is
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10 at least as likely as it is not that the employer acted with the
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11 purpose of injuring the employee. The issue of whether an act is an
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12 intentional tort shall be a question of law.
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13 C. D. The immunity from civil liability described in subsection
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14 A of this section shall apply regardless of whether the injured
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15 employee is denied compensation or deemed ineligible to receive
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16 compensation under this act the Administrative Workers' Compensation
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17 Act.
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18 D. E. If an employer has failed to secure the payment of
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19 compensation for his or her injured employee as provided for in this
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20 act the Administrative Workers' Compensation Act, an injured
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21 employee, or his or her legal representative if death results from
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22 the injury, may maintain an action in the district court for damages
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23 on account of such injury.
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1 E. F. The immunity created by the provisions of this section
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2 shall not extend to action against another employer, or its
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3 employees, on the same job as the injured or deceased worker where
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4 such other employer does not stand in the position of an
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5 intermediate or principal employer to the immediate employer of the
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6 injured or deceased worker.
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7 F. G. The immunity created by the provisions of this section
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8 shall not extend to action against another employer, or its
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9 employees, on the same job as the injured or deceased worker even
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10 though such other employer may be considered as standing in the
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11 position of a special master of a loaned servant where such special
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12 master neither is the immediate employer of the injured or deceased
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13 worker nor stands in the position of an intermediate or principal
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14 employer to the immediate employer of the injured or deceased
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15 worker.
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16 G. H. This section shall not be construed to abrogate the
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17 loaned servant doctrine in any respect other than that described in
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18 subsection F G of this section. Nothing in this act the
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19 Administrative Workers' Compensation Act shall be construed to
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20 relieve the employer from any other penalty provided for in this act
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21 the Administrative Workers' Compensation Act for failure to secure
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22 the payment of compensation under this act the Administrative
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23 Workers' Compensation Act.
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1 H. I. For the purpose of extending the immunity of this
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2 section, any architect, professional engineer, or land surveyor
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3 shall be deemed an intermediate or principal employer for services
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4 performed at or on the site of a construction project, but this
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5 immunity shall not extend to the negligent preparation of design
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6 plans and specifications.
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7 I. J. If the employer has failed to secure the payment of
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8 compensation as provided in this act the Administrative Workers'
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9 Compensation Act or in the case of an intentional tort, the injured
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10 employee or his or her legal representative may maintain an action
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11 either before the Oklahoma Workers' Compensation Commission or in
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12 the district court, but not both.
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13 SECTION 2. It being immediately necessary for the preservation
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14 of the public peace, health or safety, an emergency is hereby
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15 declared to exist, by reason whereof this act shall take effect and
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16 be in full force from and after its passage and approval.
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18 60-1-1419 CAD 1/19/2025 5:40:34 AM
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Req. No. 1419 Page 5Every fact on this page links to its source, starting with the official bill record.