December 19, 2023 | Workers' compensation

Injuries can occur anywhere and at any time. They can even occur at work. When an employee is injured at work or while carrying out work related tasks, they can seek workers compensation. Workers compensation laws in Nebraska are designed to ensure that injured workers have a financial cushion following an injury or work related illness. These laws are also designed to protect employers from being sued by injured workers. Below we discuss the rights and obligations of both workers and employers under workman’s comp laws in Nebraska.

Rights of Injured Workers

Injured workers have several rights under workers compensation laws in Nebraska. These include those listed below.

1. Medical benefits

Workers that suffer an injury or illness related to their work activities have the right to receive necessary medical treatment related to the injury or illness they have suffered. Workers compensation covers expenses such as doctors’ visits, hospitalization, medication and even rehabilitation services.

2. Temporary disability benefits

If a worker suffers an injury or illness related to work that prevents them from working, they may be entitled to temporary disability benefits. These benefits cover a percentage of their average weekly wages. In Nebraska, temporary disability benefits typically cover two-thirds of the injured employee’s salary at the time that the disability occurred.

3. Permanent disability benefits

If the employee suffers an injury that results in permanent impairment, they may be eligible for permanent disability benefits. Compensation is typically two-thirds of the employee’s salary multiplied by a set number. This multiplier is determined by the percentage of disability of the part of the body affected by the injury.

4. Vocational rehabilitation

There are certain cases where an injured worker suffers an injury that prevents them from returning to work in the same capacity. Workers compensation can cover the cost of vocational rehabilitation services to help the injured worker return to suitable employment.

5. Death benefits

If a worker loses their life as a result of a work-related injury or illness, their dependents may be eligible for death benefits. Death benefits cover expenses such as funeral and burial expenses of up to $6000 in Nebraska. It will also provide the family with some level of financial support. In Nebraska, the surviving spouse can receive two-thirds of the salary of their deceased spouse until he or she remarries. The surviving children may also be entitled to death benefits.

6. Protection from retaliation

Injured workers have the right to file for compensation without the fear of retaliation from their employers. It is illegal for employers to take retaliatory actions such as firing an employee because they filed a workers’ compensation claim.

Obligations of Injured Workers

Workers also have some obligations under workers’ compensation. These include those listed below:

1. Workers are required to report their injuries

Workers are required to act promptly and report any work-related injury or illness to their employer. Nebraska law requires injured workers to provide notice of the injury to their employer as soon as practicable. The notice shall be in writing and should include information on the cause, time and place of the injury.

2. Workers are required to seek medical attention

Injured workers are required to seek medical attention for their injuries promptly. They are also required to follow the prescribed treatment plan. Failure to do this may result in the workers’ claim being denied.

3. Workers are required to follow the claims process

Injured workers are required to cooperate with their employer and the employer’s insurance carrier. This may include seeking medical attention from selected service providers.

4. Workers are required to return to work

Whenever possible injured workers are required to make reasonable efforts to return to work as soon as is medically appropriate. This may involve participating in vocational rehabilitation or other return to work programs.

Employer’s Obligations

Employers have several obligations under Nebraska Workers compensation laws.

1. Provide workers’ compensation cover

Employers in Nebraska are required by law to carry workers’ compensation insurance to cover their employees. This ensures that workers are compensated in the event of work-related injuries or illnesses. It protects employers from being sued by injured workers.

2. Report work injuries

Employers are required by law to report work-related injuries to their workers’ compensation insurance carrier as well as the Nebraska Workers’ Compensation Court. This initiates the workers compensation claims process.

3. Cooperate in the claims process

Employers are required to cooperate during the workers compensation claims process. They are required to provide all the necessary information to their insurance carrier as well as the workers’ compensation court to facilitate the claims process.

Employer’s Rights

Employers have the right to choose their insurance carrier. They are protected from being sued by injured employees for compensation in the event of a work-related injury or illness. However, in cases of gross negligence, an employer may be sued by an employee for compensation for the resulting injury or illness.

Workers’ compensation laws can be complex. If you have questions or need advice, get in touch with us and talk to an experienced attorney.

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