June 6, 2024 | Workers' compensation

When a worker is injured at work or while carrying out work-related tasks, they may be entitled to workers compensation benefits. Workers compensation laws are designed to ensure that injured workers are provided with a financial cushion. These laws also provide protection for employers. Employees cannot sue their employers for negligence if they have received workers’ compensation benefits. Below, we provide a brief overview of workers compensation benefits in Omaha. We also provide our top tips for filing a successful claim.

Workers Compensation Benefits in Omaha

Workers compensation in Omaha is a no-fault system that ensures workers are provided with financial benefits in the event of a work-related injury or illness. There are three types of benefits that workers can recover in a workers compensation claim. These are:

• Medical care

These benefits cover medical expenses related to the injury or illness. They include hospital bills, pharmaceutical expenses and expenses for physical therapy. Worker’ compensation benefits cover medical expenses in full. Therefore, the worker’s health insurance does not cover any medical expenses unless the workers compensation claim is denied.

• Weekly indemnity

If the worker’s injuries or illness causes them to miss work, they are compensated for part of their wages. Weekly checks for permanent or temporary disability are given based on various factors including the worker’s wages at the time of the injury, the time they have to take off work, their ability to work whether the injury is non-scheduled or scheduled and much more.

• Vocational rehabilitation

These benefits are available for workers that cannot return to their previous employment due to the nature of their injuries or illness. These benefits may cover expenses such as retraining, job placement, job training as well as school.

Tips for a Successful Workers’ Compensation Claim

While workers compensation is a no-fault system, it doesn’t mean that having your claim approved and receiving your benefits in full is assured. In fact, employers and their insurance companies are often resistant to paying benefits to injured workers. It is in your best interests to seek the guidance and representation of an experienced workers’ compensation attorney to help you navigate the process. At High & Younes, we have years of experience in helping workers successfully navigate the workers compensation system. Below, we share our top tips for filing a successful claim.

• Tell your doctor how you got hurt

Don’t assume that your doctor knows how you got hurt. It is not only important to inform your doctor about your symptoms but also the circumstances surrounding your injury or illness. It is important to let them know that it is work related or occurred at work. Provide your doctor with information such as the date of the injury, how the injury occurred, your employer’s information as well as the nature of your work. These details will be key in helping to show that your injuries or illness are work-related.

• Discuss all your symptoms with your doctor

It is important to discuss all your symptoms with your doctor. If your doctor is not aware of all your symptoms, you may not receive the care that you need. Not informing your doctor of all your symptoms can also affect the claims process. If your medical records do not reflect all your injuries, they may be inadequate to support your claim. Be sure to give full and detailed information of your symptoms even if they seem insignificant.

• Keep records

Keep record of all your expenses related to medical care including your mileage. Nebraska’s Workers’ Compensation Act has established a rate per mile for the mileage injured workers cover to and from medical appointments. You should therefore keep detailed records of medical appointments including the date, doctor, medical facility, therapist and the miles traveled for the round trip.

• Don’t try to hide previous illnesses or injuries

It is not uncommon for injured workers to try and hide previous injuries or illnesses. However, with the digitization of records, it is now easy for insurance companies to access medical records. If you fail to acknowledge previous injuries or illnesses, your employer and their insurance company will use this as evidence that you are a liar or are faking the injury. Withholding this information could therefore compromise your ability to recover benefits.

It is important to note that Workers’ Compensation laws in Nebraska allow for workers to claim benefits due to aggravation of pre-existing conditions. You should therefore consult a workers’ compensation attorney to determine the best approach to your claim.

• Never skip a schedule medical appointment

Making all your scheduled medical appointments is not only important for your health but also for your workers’ compensation case. If you miss a medical appointment it is vital that you tell the doctor why you couldn’t make it and try to get them to reschedule the appointment. Failing to make scheduled medical appointments looks bad when making a claim. It can be taken to show that your injuries aren’t serious.

If you have suffered a work-related injury or illness and are seeking workers’ compensation benefits in Omaha, contact High & Younes LLC and schedule a free consultation with an attorney from our firm. We’d be glad to discuss the details of your case with you.

Workers Compensation Lawyers in Omaha NE