Okla. Stat. tit. 85A, § 85A-5

A. The rights and remedies granted to an employee subject to

the provisions of the Administrative Workers’ Compensation Act shall

be exclusive of all other rights and remedies of the employee, his

or her legal representative, dependents, next of kin, or anyone else

claiming rights to recovery on behalf of the employee against the

employer, including a general contractor that provides workers’

compensation insurance coverage to a subcontractor pursuant to

Section 2 of this act, or any principal, officer, director,

employee, stockholder, partner, or prime contractor of the employer

on account of injury, illness, or death. Negligent acts of a co-

employee may not be imputed to the employer. No role, capacity, or

persona of any employer, principal, officer, director, employee, or

stockholder other than that existing in the role of employer of the

employee shall be relevant for consideration for purposes of the

Administrative Workers’ Compensation Act, and the remedies and

rights provided by the Administrative Workers’ Compensation Act to

an employee or other person claiming rights to recovery on behalf of

the employee shall be exclusive regardless of the multiple roles,

capacities, or personas the employer may be deemed to have.

B. Notwithstanding the date of the injury, illness, or death of

an employee, the provisions of subsection A of this section shall

not affect any provision in an executed contract that requires the

employer, or any principal, officer, director, stockholder, partner,

or prime contractor of the employer, to indemnify, defend, or hold

harmless another person or entity against liability for the injury,

illness, or death of an employee, including, but not limited to, the

ability or requirement to insure for such claims.

C. Exclusive remedy shall not apply if:

1. An employer fails to secure the payment of compensation due

to the employee as required by the Administrative Workers’

Compensation Act. An injured employee, or his or her legal

representative in case death results from the injury, may, at his or

her option, elect to claim compensation under the Administrative

Workers’ Compensation Act or to maintain a legal action in court for

damages on account of the injury or death; or

2. The injury was caused by an intentional tort committed by

the employer. An intentional tort shall exist only when the

employee is injured as a result of willful, deliberate, specific

intent of the employer to cause such injury. Allegations or proof

that the employer had knowledge that the injury was substantially

certain to result from the employer’s conduct shall not constitute

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an intentional tort. The employee shall plead facts that show it is

at least as likely as it is not that the employer acted with the

purpose of injuring the employee. The issue of whether an act is an

intentional tort shall be a question of law.

D. The immunity from civil liability described in subsection A

of this section shall apply regardless of whether the injured

employee is denied compensation or deemed ineligible to receive

compensation under the Administrative Workers’ Compensation Act.

E. If an employer has failed to secure the payment of

compensation for his or her injured employee as provided for in the

Administrative Workers’ Compensation Act, an injured employee, or

his or her legal representative if death results from the injury,

may maintain an action in the district court for damages on account

of such injury.

F. Except as provided in Section 2 of this act, the immunity

created by the provisions of this section shall not extend to action

against another employer, or its employees, on the same job as the

injured or deceased worker where such other employer does not stand

in the position of an intermediate or principal employer to the

immediate employer of the injured or deceased worker.
uch injury.

F. Except as provided in Section 2 of this act, the immunity

created by the provisions of this section shall not extend to action

against another employer, or its employees, on the same job as the

injured or deceased worker where such other employer does not stand

in the position of an intermediate or principal employer to the

immediate employer of the injured or deceased worker.

G. Except as provided in Section 2 of this act, the immunity

created by the provisions of this section shall not extend to action

against another employer, or its employees, on the same job as the

injured or deceased worker even though such other employer may be

considered as standing in the position of a special master of a

loaned servant where such special master neither is the immediate

employer of the injured or deceased worker nor stands in the

position of an intermediate or principal employer to the immediate

employer of the injured or deceased worker.

H. This section shall not be construed to abrogate the loaned

servant doctrine in any respect other than that described in

subsection G of this section. Nothing in the Administrative

Workers’ Compensation Act shall be construed to relieve the employer

from any other penalty provided for in the Administrative Workers’

Compensation Act for failure to secure the payment of compensation

under the Administrative Workers’ Compensation Act.

I. For the purpose of extending the immunity of this section,

any architect, professional engineer, or land surveyor shall be

deemed an intermediate or principal employer for services performed

at or on the site of a construction project, but this immunity shall

not extend to the negligent preparation of design plans and

specifications.

J. If the employer has failed to secure the payment of

compensation as provided in the Administrative Workers’ Compensation

Act or in the case of an intentional tort, the injured employee or

his or her legal representative may maintain an action either before

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the Oklahoma Workers’ Compensation Commission or in the district

court, but not both.