Okla. Stat. tit. 85A, § 85A-43

A. Liability Unaffected.

1. a. The making of a claim for compensation against any

employer or carrier for the injury or death of an

employee shall not affect the right of the employee,

or his or her dependents, to make a claim or maintain

an action in court against any third party for the

injury.

b. The employer or the employer's carrier shall be

entitled to reasonable notice and opportunity to join

in the action.

c. If the employer or employer's carrier join in the

action against a third party for injury or death, they

shall be entitled to a first lien on two-thirds (2/3)

of the net proceeds recovered in the action that

remain after the payment of the reasonable costs of

collection, for the payment to them of the amount paid

and to be paid by them as compensation to the injured

employee or his or her dependents.

2. The commencement of an action by an employee or his or her

dependents against a third party for damages by reason of an injury

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to which this act is applicable, or the adjustment of any claim,

shall not affect the rights of the injured employee or his or her

dependents to recover compensation, but any amount recovered by the

injured employee or his or her dependents from a third party shall

be applied as follows:

a. reasonable fees and costs of collection shall be

deducted,

b. the employer or carrier, as applicable, shall receive

two-thirds (2/3) of the remainder of the recovery or

the amount of the workers' compensation lien,

whichever is less, and

c. the remainder of the recovery shall go to the injured

employee or his or her dependents.

B. Subrogation.

1. An employer or carrier liable for compensation under this

act for the injury or death of an employee shall have the right to

maintain an action in tort against any third party responsible for

the injury or death. However, the employer or the carrier shall

notify the claimant in writing that the claimant has the right to

hire a private attorney to pursue any benefits to which the claimant

is entitled in addition to the subrogation interest against any

third party responsible for the injury or death.

2. After reasonable notice and opportunity to be represented in

the action has been given to the injured employee, the liability of

the third party to the compensation beneficiary shall be determined

in the action, as well as the third party's liability to the

employer and carrier.

3. If the employer recovers against the third party, by suit or

otherwise, the injured employee shall be entitled to any amount

recovered in excess of the amount that the employer and carrier have

paid or are liable for in compensation, after deducting reasonable

costs of collection.

4. An employer or carrier who is liable for compensation under

this act on account of injury or death of an employee shall be

entitled to maintain a third-party action against the employer's

uninsured motorist coverage or underinsured motorist coverage.