February 1, 2024 | Workers' compensation

When you are injured at work, the law entitles you to seek workers’ compensation benefits to cover your expenses. Employers in Nebraska are required by state law to carry workers’ compensation insurance. This insurance is designed to provide workers that are injured while on the job with a financial cushion following their injury. In Nebraska, workers’ compensation covers full-time, part time, temporary, minor and seasonal workers. However, companies do not have to provide independent contractors with the same cover.

If you’ve been injured at work or have developed an occupational illness as a result of your working conditions, you will be required to make your claim against your employer. Your employer’s workers’ compensation insurance will pay your workers’ compensation benefits. However, what happens when you get a job with another employer? Will you continue to receive your benefits?

Receiving Workers’ Compensation Benefits When You Don’t Work for the Same Employer

Many workers are worried about getting their benefits when they move away from their jobs. The good news is that workers’ compensation benefits in Nebraska are based on your employment status at the time of your injury. This means that you will still be entitled to workers’ compensation benefits even when you quit your job. The law will require your employer to continue to pay your workers’ compensation benefits.

However, leaving your job and securing employment under a different employer can complicate matters with your workers compensation benefits. It is therefore always best to seek the guidance of an experienced workers’ compensation attorney to determine the impact of your actions.

What Happens to Workers’ Compensation Benefits When I Quit?

Some workers quit their jobs following an injury. It may be because they are unable to perform the same tasks following the injury. Your employer’s workers’ compensation insurance is required to continue paying your benefits for related medical treatment that is deemed necessary and reasonable. If you are receiving total disability wage loss benefits, you will continue to receive your benefits until you recover or until other work is available. If you are receiving partial disability benefits, the payment of your benefits will continue until you recover or until you are able to secure a higher paying job.

Your employer may fight the payment of your benefits after you quit your job by claiming that you quit voluntarily. You will therefore have to show that you quit as a result of your injury. The rate of your benefits will also change when you secure employment with a different employer.

Getting Back to Work After an Injury

If you have been injured at work and are unable to return to your previous position because of your injury, you may want to seek another job. It may be because the bills are piling up or because you are bored at home and want to be able to make a living. Whatever the case may be, you may be entitled to return-to-work services in Nebraska.

These services give injured workers the opportunity to work with a vocational counselor to identify different work opportunities for their level of ability. Your vocational counsellor will discuss your previous jobs, current work restrictions, education and skills with you. They will help you identify opportunities and recommend a return-to-work plan to help you find a job, train for a new career or return to school to gain qualifications that could help you secure a new job.

The return-to-work plan is submitted to the vocational section of the court for approval. If it is approved, your employer will continue paying your medical expenses and weekly benefits. However, school supplies, housing, transportation and other related expenses will be paid for by the court trust fund. Expenses such as child care, clothing and internet are not covered by the fund.

If you do not agree with the return-to-work plan, you do not have to sign it. You can discuss your needs with your vocational counselor in order to have the plan changed. You can also request for voluntary mediation if there is a dispute with your employer regarding the return-to-work plan.

Talk to a Workers’ Compensation Attorney

Workers’ compensation can be quite complex. Returning to work after an injury can make matters even more complicated. It can result in your benefits being reduced or stopped completely. It is therefore important to seek the advice and representation of a workers’ compensation attorney. An experienced attorney will review your case to determine the impact of changing your employment status on your workers’ compensation benefits. They will guide you on the best approach to take when seeking employment under a different employer.

Contact us to schedule free consultation with an experienced workers’ compensation attorney and protect your right to receive workers’ compensation benefits.

Workers Comp Benefits