Trying to decide if your workers’ comp case is worth pursuing? Determine your eligibility under Nebraska workers’ compensation laws first. Understanding if you meet the workers’ comp requirements can be especially difficult for independent contractors and other employee types. So, we’ve highlighted the determining factors for workers’ compensation eligibility to help you understand whether you qualify for work-related injury compensation or not.
Nebraska Workers’ Compensation Act
The Nebraska Workers’ Compensation Act entitles employees to compensation from their employers when they suffer a personal injury that’s caused by a work-related accident or occupational disease. Other workers’ compensation guidelines dictate that your personal injury has to arise “out of or in the course of employment” and not be due to your willful negligence.
Who Is Covered by Workers’ Compensation in Nebraska?
Nebraska workers’ comp covers most employees working in service of an employer, including undocumented immigrants and minors. This legislation applies to all classifications of workers, including full-time, part-time, seasonal, and temporary employees.
In all cases, you must follow the workman’s comp laws as outlined above by the Nebraska Workers’ Compensation Act.
Who Is Not Covered by Workers’ Compensation in Nebraska?
The Nebraska Workers’ Compensation Act does not apply to the following types of employees:
- Independent contractors or self-employed individuals
- Federal employees
- Railroad workers
- Agricultural employees
Workers’ compensation for independent contractors is not available through Nebraska’s Act. However, the term “independent contractor” is loosely defined in the Act, and decisions regarding contractor status are made on a case-by-case basis. The Workers’ Compensation Court uses prior case law alongside a ten-factor test to make their determinations and decide if you qualify as an independent contractor or self-employed worker.
Federal employees are not covered by the Act, but all workers employed by the State of Nebraska are. If you’re a federal employee seeking workers’ compensation, we recommend contacting a specialized workers’ comp lawyer about the Federal Employees’ Compensation Act.
While most are denied coverage under the Act, there are some volunteers covered under workers’ compensation in Nebraska. Since volunteer emergency responders (i.e., firefighters, EMTs, etc.) are considered employees, they qualify for some form of workers’ compensation insurance.
Employees of railroad companies involved in interstate/foreign commerce are not covered by the Act. Instead, injured railroad workers may be eligible to file a Federal Employers’ Liability Act (FELA) claim.
Some agricultural employees are also left uncovered by the Act, which can create problems for many employed in farming or livestock-producing communities. Employees in the agricultural sector are only eligible for workers’ compensation in Nebraska if their workplace employs more than ten unrelated (non-family members) workers in a given calendar year.
Workers’ compensation laws are often confusing, so for more guidance regarding your eligibility under the Nebraska Workers’ Compensation Act, we recommend consulting an experienced workers’ compensation lawyer. See https://dyer.law/practice-areas/workers-compensation/ or call (402) 393-7529 for your free consultation today.