Workplace injuries can happen when you least expect them. Fortunately, Nebraska workers’ comp laws provide financial assistance to employees who are injured while on the job. If you’ve been injured or become ill due to work-related duties, it’s important to understand how to file for workers’ compensation in Nebraska to ensure you receive the medical care and benefits you’re entitled to.
Seek Medical Attention
Even if your work injury seems minor, seek immediate medical treatment. Not only will this help your recovery, but it also establishes a medical record for your workers’ compensation claim. Even if your employer has designated a healthcare provider or medical network for your area, you can still select your treating physician under Nebraska workers’ compensation law. If your injury requires immediate care, don’t hesitate to go to an emergency room or urgent care center, and be sure to inform the medical staff that the injury is work-related.
Report the Injury to Your Employer
The most crucial step in filing a workers’ comp claim is reporting the injury to your employer. Nebraska workers’ compensation laws and rules require employees to notify their employer as soon as possible about a workplace injury. This notification can be done verbally or in writing, but it’s a good idea to do it in writing to create a record. Delaying the report is a common workers’ comp mistake that could hurt your claim or even disqualify you from receiving benefits, so be prompt in reporting your injury.
Your personal injury report should include:
- Injury details: what happened, when it happened, and where it happened.
- Medical information: whether you’ve received treatment or plan to.
Complete the Workers’ Comp Claim Form
Once you’ve reported your injury and are deemed eligible for workers’ compensation, your employer will provide you with a First Report of Injury (FROI) form, the formal claim document. If your employer fails to provide this form, you can obtain one from the Nebraska Workers’ Compensation Court. The FROI form must then be submitted by your employer to the Nebraska Workers’ Compensation Court within ten days of you reporting your injury to them. If the injury results in missed workdays, you may also be entitled to temporary disability benefits, so properly filing this claim is essential.
A workers’ comp claim form requires information such as:
- Personal details (name, address, etc.)
- Employer information
- Details of the injury, including the date and circumstances
- Information about your medical care, including doctor visits and treatments
Wait for Employer’s Response
Once your claim has been submitted, your employer’s insurance company will have 30 days to investigate it before making a decision. In Nebraska, the insurer may accept the claim, deny it, or request further information. If your claim is denied, they must provide written reasons for the denial. If the insurer accepts your claim, they’ll begin paying for medical expenses and may offer compensation for lost wages. If your claim is accepted, you’ll receive a written notice that outlines the benefits you’re entitled to, which may include reimbursement for medical expenses, temporary disability benefits, or permanent disability benefits.
Start Receiving Benefits
After getting a workers’ comp claim approved, you can begin receiving benefits to help cover your medical expenses. Claim injury compensation typically includes treatment, prescriptions, rehabilitation, and necessary surgeries related to your injury. The benefits you’re entitled to depend on the severity of your injury and whether it is temporary or permanent.
In Nebraska, if your injury temporarily prevents you from working due to a new injury or the aggravation of a pre-existing medical condition, you may be eligible for Temporary Total Disability (TTD) up to 66% of your average weekly wage, subject to minimum and maximum limits. If your hours are reduced by your doctor in writing, you would get Temporary Partial Disability (TPD).
This same rule applies to Permanent Partial Disability (PPD) benefits, where an injury results in a permanent impairment or loss of earning ability that doesn’t prevent the person from working. Injuries resulting in Permanent Total Disability (PTD) benefits are available when an injury completely and permanently disables the worker from performing any work. PTD benefits are calculated as 66% of your average weekly wage and may continue for life.
Appeal a Denied Claim
If you have a denied workers’ comp claim, don’t panic—you have the right to appeal the decision. This starts with requesting a hearing before the Nebraska Workers’ Compensation Court. A workers’ comp lawsuit requires you to file a written notice of your intent to appeal. During the hearing, you’ll present evidence and arguments supporting your case, and the judge will make a ruling.
While you are not required to hire an attorney to file a workers’ comp appeal in Nebraska, it is recommended, as they can help you understand your rights and guide you through the legal process. An attorney can also help ensure you receive all the workers’ comp benefits you are entitled to, including compensation for future medical costs if your injury requires long-term treatment and other benefits you may not know of.
Develop a Return-to-Work Plan
After a workers’ compensation claim, developing a return-to-work (RTW) plan will help create a smooth transition back to your job while prioritizing your health and well-being. A well-structured RTW plan helps you gradually readjust to your duties, minimizing the risk of re-injury. This may involve modified duties, training, or reduced hours to accommodate physical limitations.
Your healthcare provider should set clear expectations for your recovery and timeline for returning to full duties. Your employer may be able to accommodate your temporary restrictions that your doctor gives you, and you should return to full pay. If your employer cannot accommodate your restriction, the insurance company should pay you TTD. If your hours are reduced or your hourly pay is reduced, the insurance company should pay you TPD.
If you need help filing a workers’ comp claim or want other workers’ compensation legal assistance, call (402) 393-7529 to schedule your free consultation with one of Dyer Law’s experienced attorneys.
The information provided in this blog post is for informational purposes only and does not constitute legal advice. You should consult with an experienced workers’ compensation attorney near you to discuss the specific details of your case.