How to File a Workers’ Comp Claim in Nebraska

Introduction

Suffering a work-related injury can be stressful, especially when dealing with medical treatment, lost wages, and uncertain employment status. Fortunately, Nebraska has a structured workers’ compensation system designed to help injured workers obtain benefits. If you’ve been injured on the job, it’s crucial to understand the process of filing a workers’ compensation claim and ensuring you receive the compensation you deserve.

This guide explains how to file a workers’ comp claim in Nebraska, the steps involved, and what to expect throughout the process.

Step 1: Report the Injury to Your Employer

The first step in filing a workers’ compensation claim is notifying your employer about the injury. Nebraska law requires employees to provide written notice of a work-related injury as soon as possible. The written notice should include:

• The date and time the accident occurred
• A brief description of how the injury occurred
• The location where the accident happened

Failing to report the injury within a reasonable timeframe could impact your ability to receive workers’ compensation benefits.

Step 2: Seek Medical Treatment

After reporting your injury, seek immediate medical treatment. Your attending physician will diagnose your condition and determine the necessary medical care. In Nebraska, you may have the right to choose your doctor, but in some cases, the employer or their workers’ compensation insurance provider may require an independent medical exam to assess your injury.

Important Considerations for Medical Treatment:

• If you need emergency care due to a medical emergency, seek treatment immediately without waiting for employer approval.
• Your physician will submit a First Report of Injury to the Nebraska Workers’ Compensation Court.
• If you need to change doctors, you may be required to obtain approval from your employer or insurer.

Step 3: File a Workers’ Compensation Claim

Once you’ve reported the injury and received medical attention, you should file a formal workers’ compensation claim with the Nebraska Workers’ Compensation Court. This step is necessary to receive benefits such as wage replacement and medical cost coverage.

Key Steps in Filing a Claim:

1. Complete the required claim forms provided by your employer or the Nebraska Workers’ Compensation Court.
2. Submit the claim within the statute of limitations, which is generally two years from the date the injury occurred.
3. Keep a copy of all documentation related to your claim, including medical records and employer correspondence.

Step 4: Understand Your Workers’ Compensation Benefits

If your claim is approved, you may be eligible for various workers’ compensation benefits, including:

• Medical Benefits: Covers treatment costs related to your work injury, including doctor visits, surgeries, and rehabilitation.
• Temporary Total Disability (TTD): Provides wage replacement benefits if you are unable to work during your recovery.
• Permanent Disability Benefits: If you suffer a long-term impairment, you may receive compensation based on your disability rating.
• Death Benefits: If a worker dies due to a job-related accident, surviving dependents may receive compensation to cover funeral costs and financial support.

Step 5: What Happens if Your Claim is Denied?

In some cases, an insurance company may deny a claim due to insufficient evidence, missed deadlines, or disputes over the severity of the injury. If this happens, you have options to challenge the denial:

• Request a court mediator for voluntary mediation to resolve disputes.
• Appeal the decision to the Nebraska Workers’ Compensation Court.
• Consult a workers’ compensation attorney to help navigate the appeal process.

Additional Considerations for Specific Workers

• Independent Contractors: Most independent contractors are not covered under Nebraska workers’ compensation laws, but there are exceptions based on employment classification.
• Agricultural Employers: Some agricultural employers may not be required to provide workers’ compensation insurance, depending on the number of employees.
• Occupational Diseases & Carpal Tunnel Syndrome: Some work-related conditions develop over time, such as carpal tunnel syndrome or other occupational diseases. These injuries are also eligible for workers’ compensation claims.

Conclusion

Filing a workers’ compensation claim in Nebraska can be complex, but understanding the process ensures you receive the benefits you are entitled to. If you need help navigating the claims process or dealing with unfair claims practices, consulting an experienced workers’ compensation attorney can make a significant difference in the outcome of your case.

FAQs

How long do I have to file a workers’ compensation claim in Nebraska?

You typically have two years from the date the injury occurred to file a claim with the Nebraska Workers’ Compensation Court.

Can I choose my own doctor for treatment?

Yes, in many cases, injured workers can choose their own attending physician. However, some employers may require an independent medical exam.

What if my employer does not have workers’ compensation insurance?

Nebraska law requires most employers with one or more employees to carry workers’ compensation insurance. If your employer does not provide coverage, you may be eligible for benefits through the Court Trust Fund.

What is the waiting period for workers’ compensation benefits to begin?

Workers’ compensation benefits begin after a seven-day waiting period. If you are unable to work for more than six weeks, you may receive retroactive benefits for the waiting period.

Can I receive vocational rehabilitation services if I cannot return to my previous job?

Yes, injured workers who cannot return to their prior job due to their injury may be eligible for vocational rehabilitation services, including working with a vocational counselor to develop an RTW plan (return-to-work plan).