Common Myths about Workers’ Compensation

Helpful Insight of Dyer Law

You have rights if you are injured while at work or if you are involved in a job-related accident. It is important to understand those rights fully in order to make an informed decision. According to the Nebraska Workers’ Compensation Act, a person who is injured on the job while doing their job is entitled to workers’ compensation.  For more than 25 years, Dyer Law has helped guide people through the process of understanding those rights and helping them get the full amount of compensation they deserve. It is not always an easy path to follow. If you are fired or demoted for making a workers’ compensation claim, call us immediately. Our experienced team can advise of you your legal rights.

In fact, we wrote a book, “7 Common Mistakes that can Destroy your Workers’ Compensation Case,” to help people understand their rights. Here are a few myths we outline in the book to provide a better understanding of the workers’ comp process:

Workers' Compensation Mistakes Book

Myth #1: I may be fired if I file a claim for Workers’ Compensation and there is nothing I can do about it.

This is not true.

In Nebraska if an employer fires an employee for filing a workers’ compensation claim, the worker has a separate legal cause of action to sue the employer for wrongful termination. An employer cannot use your job against you.

Myth #2: I cannot afford to drive to the doctor, physical therapist and pharmacy for medical treatment.

This is also not true.

The fact is you cannot afford to miss your medical treatment. The most important thing is to recover from your injury. Additionally, you are entitled to reimbursement for each mile that you drive when you go to the doctor, physical therapists, hospital, pharmacy or wherever you receive services that are reasonably necessary to restore your health.

Myth #3: I can collect for pain and suffering.

This is not true.

The purpose of the Nebraska Workers’ Compensation Act is to compensate the employee for “economic” damages. Economic damages are those items such as lost wages, medical treatment, mileage, permanent impairment, diminished future earning capacity and the inability to return to suitable employment because of the injury. The act does not allow for compensation for pain and suffering.

Myth #4: My employer states that since the accident was my fault I cannot pursue a workers’ compensation claim.

This is not true.

Workers’ compensation is a no fault system. The accident can be 100% your fault, and you still are entitled to full benefits under the Nebraska Workers’ Compensation Act mentioned above. This may not apply if you were under the influence of drugs or alcohol at the time of the accident.

Dyer Law Helps People Injured at work and in job-related accidents.

Knowing what you should or shouldn’t do relating to workers’ compensation will ensure your rights are protected. The Nebraska Workers’ Compensation Court has an information sheet entitled: “Rights & Obligations under the Nebraska Workers’ Compensation Law.” Our book has helpful information on how to ensure those rights. Your FREE copy of “7 Common Mistakes that can Destroy your Workers’ Compensation Case (and how to avoid making them)” is available upon request on our website.  Request yours today!

Talk to the Experts at Dyer Law.

If you’ve been injured in a job related accident and you need help with a Workers’ Compensation case, contact us for a free consultation. For more than 25 years, Dyer Law has been helping people in Nebraska get the compensation they deserve. We’re ready to help. Call us toll free at 888.393.7529, (link to call) or visit our website