April 10, 2025 | Workers' compensation

When you get up in the morning (or evening) to get ready for work, the last thing on your mind is whether or not you’ll get hurt while going through your work day. Well, at least that’s the case for most workers. While there are workers who work in inherently dangerous environments, employers are required to take precautions to ensure a reasonably safe work environment and reduce the risks of injury. However, what happens when you do get hurt while at work? What should you do? How can you recover financially?

These are just a few questions that we at High & Younes Attorneys, LLC encounter regularly when approached by injured workers. Below, we discuss workers compensation and the complexities of these cases. We also delve into why seeking legal representation is crucial for your case.

What is Workers Compensation?

Workers compensation is a system designed to protect injured workers. Nebraska’s workers compensation laws require most employers to have workers compensation insurance coverage for their employees. This insurance coverage provides a financial cushion for workers injured while at work or carrying out work related tasks. The workers’ compensation system also protects employers from being sued by injured workers. While there is no requirement for legal representation when making a claim for workers’ compensation, workers’ compensation laws and processes are rarely straightforward. Having a dedicated and experienced attorney on your side is often crucial.

The Complexities of Workers’ Compensation Cases

• Determining Eligibility

While most workers are covered by workers compensation, not everyone qualifies to make a claim for benefits. For example, you may have been classified as an independent contractor by your employer and therefore are not included under their workers’ compensation insurance coverage. There may also be disputes about how the injury occurred and whether it is truly work-related or not. Insurance companies look for even the slightest grey areas to deny claims.

• Pre-existing conditions

If you have a prior injury or condition, the insurance company may try to argue that your workplace injury is just a flare-up and not something new. Proving that a work incident made your condition worse can require strong medical evidence and legal arguments.

• Disputes over medical treatment

Another technicality that employers and insurance companies use is the medical service providers that are within the insurance policy’s network. Employers and their insurance companies may want to control which doctors you see. In turn you may be denied necessary procedures or be pressured into accepting treatments that you don’t agree to. You may be denied your right to medical care or have approval delayed.

• Delayed symptoms

It is not uncommon for workers to be injured at work and not seek medical attention immediately. They may then experience symptoms later and then seek treatment. Many injuries don’t show symptoms right away. However, if you fail to make a report and seek medical treatment right away, there is a chance that your claim will be denied. Insurance companies may argue that your injuries are not related to the incident or work.

• Partial vs. total disability

Disputes often arise over the extent of the injuries suffered by workers. Questions raised include whether the injury is temporary or permanent and whether the worker will be able to return to work or not. Insurance companies often want to downplay the severity of injuries in order to lower settlements.

• Settlement negotiations

Insurance companies, like other businesses, will want to minimize their losses. They often offer lowball settlements in hopes you’ll accept a quick payout. Without an attorney who understands the real value of your case – including future medical bills and lost wages – you risk leaving money on the table.

You Need a Workers’ Compensation Lawyer

There are various reasons why seeking the guidance and representation of a workers’ compensation lawyer is important.

• Protect your rights

Once you set the ball rolling by reporting your injuries, your employer and their insurance company will be on the defensive. They will want to minimize their losses as much as possible. Working with a skilled and experienced attorney ensures that your rights are protected and that you’re treated fairly throughout the process.

• Handling paperwork and deadlines

Workers’ compensation cases involve complex paperwork, strict deadlines and detailed documentation requirements. A mistake or missed deadline can result in a denied claim. An experienced lawyer will take this burden off your shoulders. They will ensure your paperwork is done correctly and submitted on time.

• Gathering evidence

An experienced lawyer knows what evidence is needed to prove your claim. They will also know how to collect and present it for the best outcome.

• Fighting for full compensation

A good workers’ compensation lawyer doesn’t just aim for a quick settlement. They will fight to make sure you’re compensated for all your injuries, lost wages, medical expenses and any long-term disability issues.

• Appealing denials

If your claim is denied or challenged, you may have to go before a workers’ compensation judge. Having an experienced attorney represent you significantly increases your chances of winning at this level.

If you’ve been injured at work, don’t hesitate to contact High & Younes Attorneys, LLC. We’d be glad to review your case for free.

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