Nebraska Workers Compensation: Understanding Your Rights and Benefits

Workers compensation is a system of insurance that provides benefits to employees who suffer work-related injuries or illnesses. In the state of Nebraska, workers compensation laws are designed to protect workers and provide them with financial assistance in the event of an accident or injury on the job. In this article, we will examine the ins and outs of Nebraska workers compensation, including the eligibility requirements, benefits available, and the process for filing a claim.

Eligibility for Nebraska Workers Compensation

In order to be eligible for Nebraska workers compensation, an employee must meet certain criteria. Specifically, the worker must be an employee of a covered employer, and the injury or illness must have been caused by or arise out of the employee’s job duties.

In Nebraska, all employers are required to provide workers compensation coverage for their employees, with a few exceptions. For example, employers with less than four employees are not required to carry workers compensation insurance.

Additionally, certain types of workers are exempt from workers compensation coverage, including domestic workers, independent contractors, and some agricultural workers. However, it is important to note that just because an employer may not be required to carry workers compensation insurance does not mean they are not responsible for providing a safe workplace and compensating employees for work-related injuries.

Types of Injuries Covered by Nebraska Workers Compensation

Nebraska workers compensation covers a wide range of work-related injuries and illnesses, including:

– Traumatic injuries, such as broken bones, burns, and cuts
– Repetitive motion injuries, such as carpal tunnel syndrome
– Occupational diseases, such as lung disease or hearing loss caused by exposure to hazardous substances or loud noises on the job
– Mental health conditions, such as anxiety or depression caused by workplace stressors

It is important to note that workers compensation benefits are typically not available for injuries that occur outside of normal work duties. For example, if an employee is injured while playing basketball on their lunch break, they may not be eligible for workers compensation benefits.

Benefits Available Under Nebraska Workers Compensation

If you are injured on the job in Nebraska and are eligible for workers compensation benefits, you may be entitled to a number of benefits, including:

– Medical benefits, which cover the cost of medical treatment and rehabilitation related to your injury or illness
– Wage replacement benefits, which provide a portion of your lost wages while you are unable to work due to your injury or illness
– Permanent disability benefits, which provide compensation if you are unable to return to your pre-injury job due to a permanent disability, or if you are permanently unable to work

The amount of benefits you may be eligible for will depend on a number of factors, including the severity of your injury, your level of disability, and your average weekly wage prior to your injury. The Nebraska Workers Compensation Court provides a workbook to help injured workers calculate their benefits.

Filing a Workers Compensation Claim in Nebraska

If you are injured on the job in Nebraska, it is important to take certain steps in order to protect your right to workers compensation benefits. These steps may include:

– Reporting the injury to your employer as soon as possible. In Nebraska, you must report any work-related injury or illness to your employer within 30 days of the injury or illness occurring.
– Seeking medical treatment for your injury or illness. It is important to seek medical treatment from a qualified healthcare provider as soon as possible after your injury, and to follow their recommended course of treatment.
– Filing a workers compensation claim. In Nebraska, injured workers must file a First Report of Injury (FROI) within two years of the date of injury. You can file a claim online through the Nebraska Workers Compensation Court website.

It is important to keep in mind that the workers compensation claims process can be complex, and it may be helpful to seek advice from a workers compensation attorney in Nebraska to ensure your rights are protected and you receive the benefits you are entitled to.

Recent Changes to Nebraska Workers Compensation Laws

In recent years, Nebraska has made some changes to their workers compensation laws. In 2017, the state passed Legislative Bill 595, which aimed to streamline the workers compensation system and reduce the number of claims that end up in court.

One significant change under LB 595 is the requirement that injured workers first go through an alternative dispute resolution process before filing a claim with the Workers Compensation Court. This process involves a meeting between the injured worker, their attorney (if they have one), and a representative from the insurance company. The hope is that this will help resolve disputes more quickly and reduce the burden on the court system.

Another change under LB 595 is the establishment of a medical fee schedule to reduce the costs of medical treatment for work-related injuries. The fee schedule sets maximum reimbursement rates for various types of medical treatment, and aims to reduce the amount paid out by insurance companies for medical treatment.

Conclusion

Nebraska workers compensation provides important protections and benefits for employees who are injured or become ill due to their work. Understanding your rights and the benefits available is critical to ensuring you receive the financial assistance you need to recover and get back to work. If you are injured on the job in Nebraska, it may be helpful to seek advice from an attorney to navigate the workers compensation claims process and protect your rights.

Quick Guide to NE Workers’ Compensation Laws 

Nebraska Workers’ Compensation Laws

There are multiple NE workers’ compensation laws located under the state’s revised statutes.  Some of the Nebraska workers’ compensation laws are referenced within this article, but the majority of information within this article about workers’ compensation insurance in Nebraska is referenced from the following website under the state’s workers’ compensation court:

Workers’ Compensation Insurance in Nebraska and Exemptions

NE workers’ compensation laws within Chapter 48 of the state’s statutes claims that certain employees are not covered by workers’ compensation insurance in Nebraska.  Normally, any employer with one or more employees must provide WC under Nebraska workers’ compensation laws, but state law indicates the following employees are exempt from coverage under workers’ compensation insurance in Nebraska:

• federal employees, railroad workers, most volunteers, and independent contractors are not usually covered by NE workers’ compensation laws

• household domestic servants and some agricultural workers if the employer choose to provide workers’ compensation insurance in Nebraska

• self-employed, sole proprietors, partners, and limited liability company members unless they are elected to receive workers’ compensation insurance in Nebraska

• executive officers of a corporation who own 25 percent or more of common stock unless they elect to be covered by workers’ compensation insurance in Nebraska

• executive officers of state’s nonprofit corporations within less than $1,000 in compensation unless they elect for workers’ compensation insurance in Nebraska

How do I file a report for my injury under Nebraska Workers’ Compensation Laws?

You need to report the accident to your employee immediately, and you will have to fill out numerous forms for workers’ compensation insurance in Nebraska.  You want to receive all medical treatment recommended by a doctor under the employer’s plan, but NE workers’ compensation laws allow a worker to seek medical attention with another physician in some cases.

Where can I find more information on Nebraska Workers’ Compensation Laws for Employers?

The following link under the WC Court will provide you with valuable information about claims under Nebraska workers’ compensation laws:

You can also find valuable information about NE workers’ compensation laws concerning the court, the clerk’s office, insurance information, and more.

What Benefits are available in Workers’ Compensation Insurance: Nebraska

An injured worker is entitled to several different kinds of benefits under Nebraska workers’ compensation laws: mainly medical benefits and wage loss benefits.  These types of benefits under NE workers’ compensation laws are explained below:

1. Medical Benefits- the worker is fully covered for ALL medical expenses related to the work injury under Nebraska workers’ compensation laws.  These benefits are not limited to the compensation for services listed below:

• doctor and hospital services

• nursing services

• medication

• physical therapy

• medical equipment

• travel mileage to and from medical facilities

2. Indemnity Benefits- According to NE workers’ compensation laws, a worker is entitled to varying levels of benefits depending on what type of compensation they are receiving.  If a doctor determines the worker has a permanent disability that will impede their level of work in the future, the degree or the permanent disability will compensate for the difference in wages.