Okla. Stat. tit. 85A, § 85A-126

provide workers' compensation coverage.

A. For the purposes of this section:

1. “General contractor” means a person or entity who undertakes

to procure the performance of work or a service, either separately

or through the use of subcontractors. General contractor shall

include, but is not limited to, a principal contractor, an original

contractor, a prime contractor or other analogous term, and one who

owns, occupies, possesses, or otherwise controls a premises who

enters into contracts with subcontractors for all or part of the

work being performed on the premises;

2. “Provides workers’ compensation insurance coverage” means to

make available workers’ compensation insurance coverage. Workers’

compensation insurance coverage may be provided, even if it does not

ultimately cover an incident, so long as it was made available to

the subcontractor. The following does not constitute acceptable or

relevant evidence to suggest that workers’ compensation insurance

made available to a subcontractor was not provided to the

subcontractor:

a. timing discrepancies between the issuance of workers’

compensation insurance policies and contracts between

and among general contractors and subcontractors,

b. factual discrepancies in secondary documentation such

as certificates of insurance or enrollment forms,

c. a general contractor’s lack of notice of election of

coverage, or

Oklahoma Statutes - Title 85A. Workers' Compensation Page 138

d. payment of premiums, or lack thereof, by the general

contractor; and

3. “Subcontractor” means a person or entity with whom the

general contractor has entered into a contract to perform all or

part of the work or services that the general contractor has

undertaken to perform, and includes a person or entity with whom a

subcontractor contracts to perform the work.

B. A general contractor and a subcontractor may enter into a

written agreement under which the general contractor provides

workers’ compensation insurance coverage to the subcontractor and

employees of the subcontractor.

C. If a general contractor has workers’ compensation insurance

to protect the general contractor’s employees and if, in the course

and scope of the general contractor’s business, the general

contractor enters into a contract with a subcontractor who does not

have employees, the general contractor shall be treated as the

employer of the subcontractor for the purposes of the Administrative

Workers’ Compensation Act and may enter into an agreement for the

deduction of premiums paid in accordance with subsection D of this

section. A premise owner who acts as a general contractor shall be

treated as the employer of all subcontractors for the purposes of

the Administrative Workers’ Compensation Act and may enter into an

agreement for the deduction of premiums paid in accordance with

subsection D of this section.

D. If a general contractor elects to provide coverage, then the

actual premiums based on payroll that are paid or incurred by the

general contractor for the coverage may be deducted from the

contract price or other amount owed to the subcontractor by the

general contractor.

E. An agreement under this section makes the general contractor

the employer of the subcontractor and the subcontractor’s employees

only for the purposes of this title. A subcontractor or

subcontractor’s employee’s rights and remedies against the general

contractor or any principal, officer, director, employee,

stockholder, partner, or prime contractor of the general contractor

shall be subject to the limitations pursuant to Section 5 of Title

85A of the Oklahoma Statutes. The limitations in this subsection

shall only apply to claims against the general contractor. To the

extent not otherwise precluded by Section 5 of Title 85A of the

Oklahoma Statutes, a subcontractor or subcontractor’s employee

retains the right to recover from another subcontractor or

subcontractor’s employee.
t to the limitations pursuant to Section 5 of Title

85A of the Oklahoma Statutes. The limitations in this subsection

shall only apply to claims against the general contractor. To the

extent not otherwise precluded by Section 5 of Title 85A of the

Oklahoma Statutes, a subcontractor or subcontractor’s employee

retains the right to recover from another subcontractor or

subcontractor’s employee.

F. Notwithstanding subsection C of this section, a person who

performs work or provides a service for an oil or gas well operator

and who is an independent contractor that has no employees shall be

treated in the same manner as an independent contractor with

employees and is not entitled to coverage under the general

Oklahoma Statutes - Title 85A. Workers' Compensation Page 139

contractor’s workers’ compensation insurance policy unless the

independent subcontractor and the general contractor enter into an

agreement under this section.