Free Nebraska Workers' Compensation FAQs | Free Nebraska Workers' Compensation Legal Documents

How Do I Know If My Employer Is Covered By Workers' Compensation?

Tue, 29 May 2007 21:19:00 GMT

The Nebraska Workers` Compensation Act applies to the State of Nebraska, to every governmental agency created by it, and to every employer in the state employing one or more employees in the regular trade, business, profession, or vocation of the employer. Thus, virtually all employees are covered by the workers` compensation law including employees of private industry, state and local government, parttime employees, minors, and employees of charitable organizations.

How Long After An Injury Do I Have To Report It To My Employer?

Mon, 04 Jun 2007 21:51:22 GMT

An employee should notify his or her employer immediately of any workrelated injury or occupational disease. The employee also should inform the treating physician that it is a workrelated injury so that the doctor may comply with the time limit requirement to file a first treatment medical report with the employer/insurer.

If I Am Injured On The Job Can I Choose The Doctor Who Treats Me?

Tue, 29 May 2007 21:19:00 GMT

The employee has the right to select a physician who has maintained the medical records of the employee (or an immediate family member) when the employer notifies the employee of this right. If the employee does not have or does not choose such a physician, then the employer may select the physician. If the employer does not give proper notice to the employee regarding the right of selection, then the restrictions on choosing and changing physicians do not apply and the employee has the right to select any physician. If the doctor has been chosen by you or your employer after you were notified of your right to choose by your employer, you can`t change doctors unless your employer agrees or the court orders a change. If you want to change, talk to your employer about the reasons. If your employer agrees, you may change. If your employer does not tell you about your right to choose a doctor, you may change doctors without your employer`s agreement.

If I Am Unable To Return To The Type Of Work I Did Before I Was Injured, What Happens?

Mon, 04 Jun 2007 21:51:22 GMT

If your employer has employment available to you within your medical restrictions and you decline, your employer may request a modification or termination of your benefits. If you do return to work and wages are less than what you earned before the injury, you may be entitled to partial disability. Wage benefits usually will equal approximately 2/3 of the difference between your current earnings and what you earned before your injury, not exceeding the maximum compensation rate for the year you were injured.

My Employer Has Denied My Claim, What Do I Do?

Tue, 29 May 2007 21:19:00 GMT

If your employer or their insurance carrier has denied your claim, you can contact the Nebraska Workers` Compensation Court by calling or writing to the address or number listed below. A public information specialist will discuss the situation with the employee and refer him or her for further assistance when it is appropriate.

Any person involved in a workers` compensation claim may request informal dispute resolution to help settle an issue or an entire case without the need for a formal hearing. Neutral third party mediators can help people resolve their disputes and reach agreements.

A petition must be filed within two years of the date of the accident or the date of last payment of compensation (either medical or indemnity payments) made, or the claim for compensation may be barred by the Statute of Limitations.

Nebraska Workers` Compensation
Court Mediation Coordinator
P.O. Box 98908
Lincoln NE 685098908
8005995155 (toll free in Nebraska)
4024716468 (for Lincoln and outofstate callers)

What Workers' Compensation Benefits Am I Entitled To?

Tue, 29 May 2007 21:19:00 GMT

You may be entitled to receive all reasonable and necessary medical treatment, benefits for lost wages, benefits for specific injuries resulting in permanent disabilities such as loss of use and/or disfigurement (scars). You may also qualify to participate in certain physical and vocational rehabilitation programs. If the injury causes the death of an injured worker, burial expenses are covered and the dependents of the deceased worker are entitled to certain benefits.

When Will My Benefits Begin And How Much Will They Be?

Tue, 29 May 2007 21:19:00 GMT

Compensation benefits begin on the eighth calendar day of disability due to the injury. Compensation for the first seven days of disability is not paid unless the employee`s disability lasts six weeks or more. The first day of disability is included in the sevenday waiting period and a partial day of disability is considered a full calendar day for purposes of the waiting period. The days of disability need not be consecutive. Time lost from work for less than a day to seek medical care, including physical or medical rehabilitation, is compensated as temporary partial disability. Total disability entitles the employee to twothirds of his or her average weekly wage, subject to the maximum and minimum per week, for as long as the physician indicates the employee remains unable to work as a result of the injury.

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