January 10, 2022 | Workers' compensation

Injuries can happen anytime and anywhere. What happens when you are injured at work? Are you also entitled to workers’ compensation benefits as a seasonal worker in Nebraska? Workers compensation is a requirement in every state. However, different states have different laws that govern workers compensation benefits. Here we will explore your rights as a seasonal or temporary worker under Nebraska’s workers’ compensation laws.

Are seasonal or temporary workers eligible for workers’ compensation?

Many people in Nebraska supplement their primary income with temporary or seasonal jobs. Others rely on seasonal or temporary jobs to make ends meet. Temporary or seasonal workers, like other workers, can be injured at work. Who is responsible for compensating these workers when they are injured?

Nebraska’s Worker’s compensation laws indicate that workers’ comp is for all employees. This means that even temporary or seasonal workers are covered under workers’ comp. If you are a seasonal or temporary worker, you are eligible to make a workers’ compensation claim if you suffer a work-related injury.

Workers’ compensation covers temporary, part-time and seasonal employees even if they are not old enough to get Social Security benefits or to vote. However, it does not cover independent contractors. You are also not eligible to claim worker’s compensation benefits if you are self-employed, a volunteer worker, an agricultural worker or a domestic worker such as an in-home babysitter or house cleaner.

Many employers take advantage of mis-classification to avoid paying workers’ compensation benefits. Workers may be classified as independent contractors in order for employers to avoid having to pay workers’ compensation insurance. Independent contractors are responsible for their own benefits. It is therefore important to speak to an experienced workers’ compensation attorney as soon as possible after your injury. A workers’ compensation attorney will help you determine whether you are eligible for compensation. They will also fight on your behalf to get maximum compensation for your injuries.

What is covered by workers compensation?

Workers’ compensation benefits are paid to workers that suffer work related injuries or illnesses. In order to qualify for workers compensation benefits under the Nebraska’s workers’ compensation laws, the following criteria must be fulfilled:

• The illness or injury must be a direct result of your employment or have occurred during employment.
• The illness or injury must not be a result of your (the employee’s) willful negligence.
• The employment or activities you were engaged in were a typical part of your employer’s trade, occupation, profession or business
• The injury occurred within Nebraska
• Or your employment was principally within Nebraska even if your injury did not occur in Nebraska
• Or you were contracted to work in Nebraska even if the injury did not occur in Nebraska.

The actual amount you receive as compensation under Nebraska’s workers’ compensation laws will depend on various factors including the severity of the injury. Worker’s compensation typically covers:

• Loss of wages – if the illness or injury interferes with your ability to work, you should be compensated for the loss of wages. The amount paid as loss of wages depends on the severity of the injury and how long you will miss work.
• Medical expenses – when you are injured at work, you have the right to be compensated for medical expenses. Nebraska’s worker’s compensation laws define ‘reasonable’ medical expenses as those that include hospital bills, travel expenses, prescription medication, prosthetics, crutches, wheelchairs and other related expenses.
• Temporary partial disability benefits – These benefits are given if your injury or illness has resulted in disability that prevents you from working in the same capacity as you did previously. The benefits are calculated by deducting your current pay rate from your former wages and multiplying your daily rate to give the total of what you would earn for up to 300 weeks of work. The benefits awarded are two-thirds of this amount.
• Permanent partial loss of member – injuries that result in the loss of the use or the severing of a body part attract benefits that are typically equivalent to two-thirds of your salary at the time of the injury multiplied by a given number. The multiplier is determined by the body part that was affected.
• Permanent partial disability to the whole body – These benefits are given to employees whose injuries have resulted in impairment or permanent disability to the whole body. The benefits are usually two-thirds of your salary at the time that the injury occurred multiplied by the percentage of disability you have suffered.
• Vocational rehab – These benefits ae given to provide employees the opportunity to be re-trained in order to perform their former tasks with their current disability. They may also be given in order to train employees for a new position that is more suited to their current circumstances.
• Death benefits – These benefits can be claimed by the survivors of an employee’s whose injuries or illness has resulted in death. The surviving spouse can claim two-thirds of the deceased’s salary until they remarry. The surviving children are also entitled to benefits. The survivors can also claim $6000 to cover funeral expenses.

If you’ve suffered a work related injury or illness, get in touch with us. Book an appointment to speak to an experienced Nebraska workers’ compensation attorney.

Nebraska Workers’ Compensation Laws