Oklahoma Form Exempt PDF Details

Within the sphere of workers' compensation law in Oklahoma, the Oklahoma Exempt Form stands as a critical document for individuals and businesses venturing to navigate the nuanced landscape of exempt status under the Administrative Workers' Compensation Act (AWCA). This form, officially titled as CC-Form-36A, acts as an affidavit affirming the applicant's status as being exempt from traditional definitions of employment, thereby altering the need for workers' compensation insurance. Particularly, this affidavit is designed for those asserting themselves as independent contractors or businesses not encompassed within the standard definition of an "employee" as per the AWCA. Upon filing—requiring a nonrefundable fee of $50—the form initiates a two-year exemption period, subject to renewal, effectively altering the filer's relationship with the state's workers' compensation structure. It is a solemn declaration distinguishing between the obligations of an employer under the act and those of an independent entity operating outside the bounds of typical employer-employee relationships. The form requires detailed affirmation of understanding and compliance with the legislative definitions and obligations, assurance of the absence of coercion in the declaration, and an acknowledgment of the legal implications, including misdemeanors for misinformation. Furthermore, it requires a thorough self-assessment, guided by the Exempt Status Fact Sheet, for those uncertain about their qualification for exempt status—underscoring the intrinsic complexity and individual-specific nature of such legal declarations in Oklahoma's labor regulation landscape.

QuestionAnswer
Form NameOklahoma Form Exempt
Form Length2 pages
Fillable?No
Fillable fields0
Avg. time to fill out30 sec
Other namesaffidavit of exempt status oklahoma, affidavit of exempt status workers comp, oklahoma workers compensation exemption form, compsource affidavit of exempt status

How to Fill Out Form CC-FORM-36A

Form CC-FORM-36A at a glance

What it is: Form CC-FORM-36A is the Affidavit of Exempt Status under the Administrative Workers' Compensation Act.

Where and when to file: The Workers' Compensation Commission is at 1915 North Stiles Avenue Ste 231, Oklahoma City, OK 73105.

Effective 1/2/19 EXEMPT STATUS FACT SHEET Pursuant to 85A O.S., §36, any individual or business entity that is not required to secure compensation under the requirements of the Administrative Workers' Compensation Act (AWCA) may execute an Affidavit of Exempt Status.

Those who are unsure as to whether they may lawfully submit an Affidavit of Exempt Status should seek competent legal advice.

A filled-in Form CC-FORM-36A example: an original filing by a sole contractor

Form CC-FORM-36A example filled out, example: an original filing by a sole contractor
Dana Sample, a sole contractor, files the Affidavit of Exempt Status. This is an original filing, so the renewal Affidavit # and expiration date stay empty. The picture shows the filled form, and its names and figures are sample values.

How to fill out Form CC-FORM-36A, box by box

Type of filing, renewal Affidavit # and expiration date

Form CC-FORM-36A example filled out, type of filing, renewal Affidavit # and expiration date

Check one type of filing. An Original Affidavit of Exempt Status expires at midnight two (2) years from the filing date.

A Renewal expires at midnight two (2) years from the expiration date indicated.

If renewing a current Affidavit, provide the Affidavit # and the Expiration Date.

Your name and your business

Form CC-FORM-36A example filled out, your name and your business

You state under penalty of perjury, as follows. Fill in the blank after "I,".

Read, sign and attach the Exempt Status Fact Sheet. 1. Write your name as an individual, in your individual capacity or operating as your business name. Read, sign and attach the Exempt Status Fact Sheet. You have read, signed and attached it and understand the definition of "employee" and specific exceptions to that definition found in 85A O.S. §2(18). You also understand that an Independent Contractor is one who engages to perform certain services for another, according to his own manner, method, free from control and direction of his contractor in all matters connected with the performance of the service, except as to the result or product of the work. A Contractor may be either (i) the owner of a project or job or (ii) an Independent Contractor in any tier who has subcontracted with a subcontractor. 2. You understand that based upon the representations in this Affidavit of Exempt Status ("Affidavit"), you are requesting that the recipient of this Affidavit consider your business to either (i) be exempt from the definition of "employee" or (ii) be that of an independent contractor, and that no workers' compensation insurance premium be charged for the services performed by your business. You do not want workers' compensation insurance and understand that you are not eligible for workers' compensation benefits. 3. In the event changed circumstances make securing compensation pursuant to the requirements of the Administrative Workers' Compensation Act necessary, you will execute and file a Cancellation of Affidavit of Exempt Status with the Workers' Compensation Commission. You will obtain workers' compensation and employers' liability insurance for your employees if you have employees, unless they are otherwise exempt from the requirements of the Administrative Workers' Compensation Act. 4. The information you have provided is not the result of force, threats, coercion, compulsion or duress. 5. You understand that the execution of this Affidavit, if you are an independent contractor, shall establish a conclusive presumption that you are not an employee for purposes of the Administrative Workers' Compensation Act. 6. You understand that the execution of this Affidavit shall not affect the rights or coverage of any employee of the individual or business executing this Affidavit. 7. You understand if any contractor or its insurer shall become liable under the Administrative Workers' Compensation Act for the payment of compensation due to a compensable work related injury of your employee(s), the contractor or its insurer may recover from you the amount of such compensation paid or for which liability is incurred. 8. You understand that knowingly providing false information on an executed Affidavit of Exempt Status shall constitute a misdemeanor punishable by a fine not to exceed One Thousand Dollars ($1,000.00). (checked October 31, 2026)

Affiant Signature

Form CC-FORM-36A example filled out, affiant Signature

You declare under PENALTY OF PERJURY that you have examined all statements contained herein, and to the best of your knowledge and belief, they are true, correct and complete.

Write the Affiant Name, Title and Phone.

Write the Business Name and Email.

Write the FEIN/EIN/TIN # and Mailing Address.

Sign on the Affiant Signature line and write the Date.

More rules for Form CC-FORM-36A

It is a crime to falsify the information on this form.

Employee: 85A O.S., §2(18): The definition of "employee" includes any person, including minors, in the service of an employer under any contract of hire or apprenticeship, written or oral, expressed or implied.

It excludes those whose employment is casual and not in the course of the trade, business, profession, or occupation of his or her employer.

Additional, specific exceptions may be found in 85A O.S. §2(18)(b).

Independent contractor or employee

Filing with the Commission and the filing fee

File original and one (1) copy with the Workers' Compensation Commission (WCC) in-person or by mail, or file online at www.ok.gov/wcc. CHECKS WILL NOT BE ACCEPTED. Must be accompanied by a nonrefundable $50 filing fee payable to the WCC. (checked October 31, 2026)

You are an independent contractor

Statements to help you decide if you are an independent contractor.

The AWCA does not define "independent contractor."

Oklahoma law considers an independent contractor to be one who engages to perform certain services for another, according to his or her own manner and method, free from control and direction of his or her contractor in all matters connected with the performance of the service, except as to the result or product of the work.

Independent Contractors are not "employees" for purposes of the AWCA.

No one statement is controlling, and your status is based on all the facts in your situation.

The nature of the contract between you and the contractor.

The contractor exercises very litle control over your work.

You are engaged in a disƟnct occupaƟon or business for others.

Your job is the kind of occupaƟon where the work is usually performed by a specialist without supervision, and not under the direcƟon of the contractor.

Your occupaƟon requires special skills, license, educaƟon or training.

The contractor does not supply the things needed to perform your job such as the tools and the place of work.

The length and duraƟon of the job does not show that you are really an employee.

You are paid as a separate contractor, not as an employee.

Your work is not the regular business of the employer.

You do not consider yourself an employee of the contractor.

You do not have the right to terminate the relaƟonship without liability.

Sources

[1] Form CC-FORM-36A (Effective 1/2/19), Affidavit of Exempt Status, Oklahoma Workers' Compensation Commission (the Official source link on this page).

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