Work Comp Requirements in Nebraska

The Nebraska Workers’ Compensation Act outlines your legal obligations should you wish to claim for compensation following an injury or illness sustained due to workplace negligence. Injuries or illnesses can be a massive detriment to your physical, mental, or financial well-being and may prevent you from continuing to work for an undetermined period.

If your suffering resulted from negligence in the workplace, you should pursue a worker’s compensation claim to claim the compensation you’re entitled to. To do so, however, you must first meet the requirements laid out in the Nebraska Workers’ Compensation Act, so read on for more information on what you need to do before filing your claim.

What Requirements Must Be Met to Get Workers Compensation?

The requirements you must meet to claim worker’s compensation are fairly straightforward, but you must be confident you’ve satisfied them before filing.

Injured workers must be able to prove that they were an employee at the time of the injury, and your employer must have worker’s compensation insurance. You should also be able to prove that the injury or illness was inflicted in the workplace, and your claim must be filed within two years of notifying your employer of its occurrence.

Finally, injured employees must attend all medical appointments, examinations, or treatments organized following your claim for worker’s compensation.

How Do I Make a Claim for Workers Compensation?

If you’ve suffered an injury or illness in the workplace, consider speaking to a lawyer at your first opportunity. Nebraska’s statute of limitations gives you two years to file your claim from the date the incident occurred or was first reported to your employer, but more complicated cases may be granted exceptions.

For example, cases surrounding an illness that developed over time, such as cancer, may instead be granted two years from the date of diagnosis, assuming medical professionals believe that workplace negligence contributed to the development of your illness. This may apply to cases concerning matters such as prolonged chemical exposure.

If you plan to claim worker’s compensation, you must inform your employer of your injury or illness as soon as possible. You must also seek medical attention and inform relevant professionals that the injury or illness came about in the workplace.

Nebraska law requires most employers to have some form of private insurance to cover any potential worker’s compensation claims made by employees, which should mitigate some of your worries when filing a claim, as your employer’s insurance will cover your compensation.

Your lawyer will help you file your claim with the court, which will then issue a summons to your employer. The opposing party will have fourteen days to respond, and a hearing will be scheduled shortly thereafter. During this hearing, the judge will take statements from your lawyer and issue a written determination on the merits of your case.

An experienced lawyer can significantly aid you during this process and convey the necessary information to the judge clearly and comprehensively, standing you in the best stead to receive the compensation you’re owed.

Speak to a Work Comp Lawyer in Nebraska

If you’ve experienced a workplace injury or illness due to your employer’s negligence and wish to pursue a worker’s compensation claim, discuss the matter with a lawyer to better understand your options.

Reach out to our team at Conway, Pauley & Johnson P.C. to discuss the details of your case. We’re happy to provide advice, guidance, and representation to those in need, so call us today at 402-462-5187 or leave us a message via the contact form below. Nobody should suffer an injury in the workplace without receiving the compensation they deserve, so don’t hesitate. We’re here to help.