Workers' Compensation in Nebraska
Workers' compensation law in Nebraska (commonly known also as workers' comp, work compensation, and workmans comp) is the law by which workers injured at their jobs, or who contract occupational diseases, are provided with monetary compensation to replace lost wages, and medical treatment while they recover from their injuries or diseases. Most Nebraska employers are required to carry workmans comp insurance. The Nebraska Workers' Compensation Court is where claims should be filed.
Generally, getting aid from a Nebraska work compensation attorney is recommended to answer questions and deal with any concerns you may have about your claim. However, there are certain workmans compensation situations that necessitate the involvement of legal counsel. For instance, if your boss is uninsured, underinsured, or uncooperative, or if there was a third party involved in your case. Similarly, if you were injured by a defective product the manufacturer may be responsible, and you should seek legal assistance for help in structuring your claim against the manufacturer.
Illnesses and Injuries Covered Under Nebraska Workers' Compensation Law
Accidental Physical Injuries
- Tripping, falling, slipping, or other workplace mishaps.
- An employee who was willfully negligent at the time of injury is not covered by Nebraska work compensation law.
- Illnesses that result from the ordinary course and scope of employment. These may include conditions caused by hazardous conditions on the job, as well as those caused by the employment (i.e.-asbestosis, black lung disease).
- Benefits are paid to surviving dependents of employees who die because of their work-related conditions.
The Nebraska Worker's Comp Claims Process
- Notify Your Boss
- An employee has a responsibility to immediately notify his supervisor, manager, or boss of his injury.
- After receiving notice of the injury or occupational illness, the employer should report the injury to his workmans comp insurer. In addition, either the insurer, or the employer must file a First Report of Alleged Occupational Injury or Illness with the Nebraska Workers' Compensation Court within ten days of notice of the injury.
- Claims for compensation will be barred by the statute of limitations two years after the last payment.
- Find a Nebraska workmans compensation attorney to assist you with filing your claim, or to advise you if your claim is disputed or rejected.
Benefits Received in Nebraska Under the Workers' Compensation Program
The following are the benefits available in Nebraska workmans comp and should be discussed with your Nebraska work compensation attorney:
- Medical Treatment: Includes bills for doctor visits, hospital stays, and other treatment related to the worker's on-the-job injury or illness. The employer or his insurer will pay the medical bills directly to the healthcare provider.
- Wage Reimbursement: An employee may be reimbursed for travel to and from work injury connected medical appointments.
- Funeral: No more than $6,000 in burial costs.
- Death: When an employee dies of his employment-connected injury, his surviving spouse is entitled to payments of two-thirds of the employee's average weekly wage at the time of his injury, until the spouse's remarriage.
- Vocational Rehabilitation: If the worker's injury or occupational disease makes it impossible for him to return to a job for which he has training and experience, rehabilitation services may be provided to train him for a new line of work.
- Income Benefits: the benefits that follow are benefits to replace lost income in Nebraska:
- Temporary Total Disability Benefits (TTD for short): The employee is incapacitated and cannot work while he recovers from his injury. If this is the case, he will receive two-thirds of his average weekly wage each week at the time of his injury, subject to a statutory minimum and maximum amount.
- Temporary Partial Disability Benefits (or TPD for short): It is possible for a worker to go back to work, but only for reduced hours or reduced pay. TPD benefits are paid at two-thirds of the difference between the worker's wage rate at the time of his injury, and his current earning capacity. These benefits are paid for up to 300 weeks, and are subject to a maximum amount each week.
- Permanent Total Disability Benefits (PTD for short): An employee indefinitely cannot work because of his injury or occupational disease. The worker gets two-thirds of his average weekly wage per week.
- Permanent Partial Disability Benefits (PPD for short): When the employee has lost the use of a body part (i.e., leg or toe). Benefits are calculated based on the statutory value of each body part. They will be paid out each week at the rate of two-thirds of his average weekly wage.
Why Hire a Nebraska Workers' Comp Lawyer?
The consequences of a work compensation claim may be momentous for the worker injured on the job and for his family. If you have been injured and are facing a long period of disability, have a severe injury, and/or your employer is being troublesome about paying out on your claim or providing other benefits, you should not hesitate to contact a Nebraska workers' comp lawyer to discuss your case. A Nebraska attorney who specializes in workmans comp law can recommend a suitable strategy for your case, assert your claim in Workers' Compensation Court if necessary, make sure you meet certain deadlines, and help you understand the compensation benefits that you are entitled to.
Nebraska Workers' Compensation Act
The Nebraska Workers' Compensation Act can be found in the Nebraska Revised Statutes:
- Employers Subject To Workers' Compensation
- Workers' Compensation Act, 48-115.
- Covered Employees
- Workers' Compensation Act, 48-115.
- Workers' Compensation Act, 48-118-134.
- Claims Procedure
- Workers' Compensation Act, 48-137.