Nebraska Workers Compensation Statute of Limitations

Filing an insurance claim can be a stressful process, particularly if your employer disputes the circumstances surrounding your injury. If you’ve sustained an injury in the workplace through no fault of your own, then you deserve compensation for the damage done, with the Nebraska Workers’ Compensation Act designed to protect state employees injured in the workplace.

If you’re planning on filing for workplace compensation, then you should do so at the first available opportunity to get proceedings underway and start on your journey towards justice. For all the information you need on filing a claim and how Nebraska’s workers compensation statute of limitations applies to your situation, read on.

What Is Workers Compensation?

Workers compensation covers employees who sustain a workplace injury or occupational disease due to the negligence of their employers. To be successful in your claim, you must prove that there was no willful negligence on your part and that you sustained the injury due to the action or inaction of another party.

Workers compensation is entirely separate from other forms of financial recompense, such as unemployment compensation, health and accident insurance, or disability benefits, and by agreeing to receive it, you forfeit any right to file a civil claim against your employer for the injury or illness you’re receiving workers compensation for. In return, your employer is legally required to cover any compensation owed due to their negligence.

The Nebraska Workers’ Compensation Act applies to all employees within private, state, or local government organizations, including part-time employees, volunteer employees, or minors in employment. All employers are subject to the act, no matter their trade, profession, or vocation, guaranteeing employees subject to a workplace accident, injury, or disease through no fault of their own an avenue to pursue the compensation they’re owed.

What Is the Statute of Limitations for Filing a Claim?

The Statute of Limitations on filing a worker’s compensation claim gives employees two years from the date they first disclosed their injury to their employer. Alternatively, those who have received compensatory payments following a workplace injury have two years from the final payment date to file their lawsuit. This timescale only dictates how long you have to file your claim, and once filed, you’re no longer beholden to time limits as you work towards a resolution.

Exceptions may be made for those looking to file a claim outside of the two-year window, depending on the circumstances of the filing. Employees who contract cancer due to dangerous exposure to chemicals in the workplace, for example, may instead be able to pursue their claim within two years of receiving their diagnosis, no matter the period they were exposed to the chemicals that caused the cancer.

Find the Right Lawyer in Nebraska

If workplace negligence has had a detrimental impact on your health, whether in the form of an injury or an illness, then you should contact a lawyer to discuss your options. Contact our team at Conway, Pauley & Johnson P.C. for advice and guidance on pursuing a successful workplace injury claim.

We pride ourselves on treating our clients with the compassion they deserve, so call us at 402-462-5187 or leave a message through the contact form on our website to get the ball rolling on your claim today.