What You Need to Know About Workers’ Compensation in Nebraska

Workers’ compensation is a critical safety net for employees who experience injuries or illnesses related to their jobs. In Nebraska, this system ensures that workers receive financial support and medical care when they are injured on the job. Understanding the ins and outs of the Nebraska Workers’ Compensation Act is essential for both employees and employers. Here’s what you need to know about workers’ compensation in Nebraska, including how claims are processed, the types of benefits available, and common legal considerations.

What Is Workers’ Compensation?

Workers’ compensation is a system designed to provide benefits to employees who suffer a work-related injury or illness. It ensures that injured workers receive medical care and compensation for lost wages without needing to file lawsuits against their employers. Under Nebraska law, most employers are required to have workers’ compensation insurance to protect their employees.

Key Features of the Nebraska Workers’ Compensation Act

The Nebraska Workers’ Compensation Act governs the workers’ compensation system in the state. This law outlines the rights and responsibilities of employers, employees, and insurance providers. Below are some essential aspects:

1. Coverage Requirements
   Nearly all businesses with one or more employees must carry workers’ compensation insurance. This includes temporary employees but excludes some independent contractors and agricultural employers in specific circumstances.
2. Injury Reporting and Claim Filing
   Employees must file an injury report promptly after a work-related accident. Delayed reporting can lead to complications in receiving compensation.
3. Dispute Resolution
   The Nebraska Workers’ Compensation Court handles disputes between employees and employers or insurance providers regarding claims.

Who Is Covered Under Nebraska Workers’ Compensation Laws?

Most employees are covered by Nebraska workers’ compensation laws. Exceptions may include independent contractors, some agricultural workers, and domestic employees. It’s crucial to determine whether your employment status qualifies under the law.

What Benefits Are Available?

Workers’ compensation benefits vary depending on the severity of the injury and other factors:

• Medical Expenses
  Coverage includes medical bills and other necessary treatments related to the work-related injury or illness.
• Disability Benefits
  Compensation is available for total disability or permanent partial impairments. The amount depends on the injury and its impact on work capacity.
• Death Benefits
  Surviving spouses and immediate family members may receive death benefits if the injury results in a worker’s death.

Common Questions About Filing a Workers’ Compensation Claim

1. What Should I Do After a Work-Related Injury?
   Report the injury to your employer immediately and seek medical attention. Your employer must file a First Report of Injury with the Nebraska Workers’ Compensation Court.
2. What if My Claim Is Denied?
   Disputes can be resolved through the Nebraska Workers’ Compensation Court. A workers’ compensation attorney can help you navigate the process.
3. How Are Benefits Calculated?
   Benefits depend on factors such as the nature of the injury, whether it results in permanent work restrictions, and Nebraska law provisions.

The Role of Employers and Employees

Both parties play essential roles in ensuring a smooth workers’ compensation process:

• Employers’ Responsibilities
  Employers must carry workers’ compensation insurance and ensure that all employees are aware of their rights and obligations.
• Employees’ Responsibilities
  Workers must report injuries promptly and cooperate with medical providers and insurance carriers to receive benefits.

How Conway, Pauley & Johnson P.C. Can Help

Navigating the complexities of Nebraska workers’ compensation laws can be challenging. The experienced team at Conway, Pauley & Johnson P.C. is here to guide you through the process and fight for the compensation you deserve. From filing your claim to appealing denied benefits, we are committed to protecting your best interests every step of the way.

Final Call to Action

Learn more about what you need to know about workers’ compensation in Nebraska. Call Conway, Pauley & Johnson P.C. at (402) 462-5187 to schedule your free, no-obligation consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward justice and recovery.

FAQs About Workers’ Compensation in Nebraska

1. What is the deadline for filing a workers’ compensation claim in Nebraska?
In Nebraska, the statute of limitations for filing a claim is two years from the date the injury occurred.

2. Can independent contractors receive workers’ compensation benefits?
Independent contractors are generally not covered under Nebraska workers’ compensation laws.

3. How are disability benefits determined?
Disability benefits are calculated based on the severity of the injury, the worker’s average wages, and Nebraska law provisions.

4. Are agricultural employers required to have workers’ compensation insurance?
Not all agricultural employers are required to carry workers’ compensation insurance, but they may opt into the system.

5. What should I do if my employer doesn’t have workers’ compensation insurance?
If your employer lacks coverage, you may have the right to pursue compensation through the Nebraska Workers’ Compensation Court or other legal avenues.