Workers Compensation in Nebraska
A workplace injury can bring your life to a screeching halt. One day, you’re working to provide for yourself and your family, and the next, you’re facing medical treatments, time off work, and a growing stack of bills. How will you keep up financially while you recover?
Nebraska’s workers’ compensation system helps injured employees by covering medical expenses, providing wage replacement, and even offering job retraining if you can’t return to your previous role. These benefits can make all the difference in getting back on your feet.
However, securing compensation isn’t always as easy as it should be. Employers and insurance companies may question your claim, delay payments, or offer settlements that don’t fully cover your needs. Knowing your rights and taking the correct steps after an injury can ensure you receive the benefits you’re entitled to.
This guide breaks down Nebraska’s workers’ compensation system, explains what you need to do after an injury, and outlines how an attorney can help you secure maximum benefits.
Workers Compensation Statistics in Nebraska?
Workplace injuries remain a concern for Nebraska workers. In 2023, private-sector employers reported approximately 23,200 nonfatal workplace injuries and illnesses, resulting in an incidence rate of 3.0 cases per 100 full-time employees—slightly higher than the national average.
Certain industries in Nebraska experience more injuries than others:
- Construction: A physically demanding field with an injury rate of 3.8 per 100 workers, largely due to falls, heavy machinery accidents, and electrocutions.
- Manufacturing: With an incidence rate of 4.1 per 100 workers, common injuries include repetitive motion disorders, exposure to hazardous materials, and machine-related accidents.
- Agriculture and Livestock Production: An industry vital to Nebraska’s economy but one of the most dangerous due to tractor rollovers, livestock-related injuries, and machinery accidents.
The most frequently reported workplace injuries in Nebraska include:
- Slips, Trips, and Falls: Leading to broken bones, concussions, and sprains.
- Overexertion Injuries: Often caused by lifting, pushing, or pulling heavy objects.
- Repetitive Stress Injuries: Such as carpal tunnel syndrome, tendonitis, and chronic back pain from repetitive movements.
With the average cost of a medically consulted injury at $42,000 nationwide, workers’ compensation benefits provide a crucial financial lifeline for injured employees.
How Does Workers Comp Work in Nebraska?
Nebraska’s workers’ compensation system ensures that employees injured on the job receive the medical care and financial assistance they need to recover. To qualify, your injury or illness must be directly related to your job duties.
Most Nebraska employers with one or more employees are required to carry workers’ compensation insurance. Benefits available include:
- Medical Treatment: Covers hospital visits, doctor’s appointments, surgeries, physical therapy, and prescription medications.
- Temporary Total Disability (TTD): If you’re unable to work while recovering, you can receive two-thirds of your average weekly wage, up to the state’s maximum benefit.
- Temporary Partial Disability (TPD): Provides partial wage replacement if you return to work in a limited capacity.
- Permanent Partial or Total Disability (PPD/PTD): Compensation for long-term impairments that prevent you from returning to your previous job.
- Vocational Rehabilitation: Covers retraining programs if your injury prevents you from performing your old job duties.
- Death Benefits: Financial support for dependents and coverage for funeral expenses if a worker dies from a job-related injury.
Wage replacement benefits typically begin after a seven-day waiting period and continue until you reach maximum medical improvement (MMI) or can return to work.
Get Medical Attention
Seeking immediate medical care after a workplace injury is critical. Not only does it ensure you receive proper treatment, but it also establishes a medical record linking your injury to your job—an essential component of any workers’ compensation claim.
In Nebraska, you have the right to choose your treating doctor. However, if your employer has a designated medical provider, you may need to receive treatment from their chosen doctor unless you previously notified them of a preferred provider.
Even if your injury seems minor, don’t delay seeking treatment. Conditions like repetitive stress injuries or internal damage may worsen over time, making it harder to prove they were work-related.
Keep detailed records of all medical appointments, diagnoses, and treatments. These documents will be vital if your claim is disputed or if you need additional benefits.
File a First Report of Injury
Once you’ve received medical care, the next step is reporting the injury to your employer. Nebraska law requires you to report your injury as soon as possible, but no later than 30 days from the date of the accident.
Your employer must then file a First Report of Injury (FROI) with their insurance provider and the Nebraska Workers’ Compensation Court. This report should include:
- The date, time, and location of the injury.
- A description of how the accident happened.
- Information regarding the medical treatment you’ve received so far.
The insurance carrier will review your claim and determine eligibility for benefits. If there is a dispute over the claim, you may need to attend an Independent Medical Examination (IME) to verify your injury.
Nebraska has a two-year statute of limitations for filing a formal workers’ compensation claim. If you fail to act within this period, you may lose your right to benefits.
In Nebraska, compensation begins on the 8th calendar day of disability due to injury. A partial day of disability is considered a full calendar day for purposes of the waiting period. Benefits for the first 7 days of disability are not paid unless the employee’s disability lasts 6 weeks or more. In certain circumstances, a 50 percent penalty may be added if payment is not made within 30 days of the notice of injury.
Why You Should Hire a Workers’ Compensation Lawyer
While Nebraska’s workers’ compensation system is meant to assist injured workers, insurance companies often look for ways to deny claims or minimize payouts. If you’re facing delays, disputes, or unfair treatment, an attorney can help you navigate the system and fight for what you deserve.
If your claim has been denied or your benefits have been terminated early, an attorney can help you appeal and fight for the compensation you need.
Work With an Experienced Local Lawyer in Nebraska
Your health and well-being need to come first. If you are hurt while working or find out an illness you are suffering is the result of your job, you will want to seek compensation.
We can connect you with a local attorney or one across Nebraska state lines.
Submit a request online or call us at (866) 345-6784 to find a workers’ compensation lawyer today!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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