Nebraska Workers Compensation Claims: Eligibility, Filing and Appeals

Almost all employees in Nebraska are covered under Workers' Compensation laws, except for a few exceptions for Federal employees, independent contractors, domestic workers, and certain agricultural workers. Employers with one or more employees are required to have Workers' Compensation insurance for their employees in the event of a work related injury or illness. In Nebraska, the Nebraska Workers' Compensation Court is responsible for administering and enforcing the provisions of Nebraska's Workers' Compensation Act. There were a total of 2,170 litigated Workers' Compensation cases in Nebraska in 2008.

Common Work Related Injuries

Nebraska employees are covered for injuries or occupational diseases which arise “out of and in the course of their employment.” Common accidental work related injuries are covered, such as burns, cuts, fractures, sprains, head injuries, and other injuries. Occupational diseases occur gradually over time, such as diseases caused by inhaling chemicals. Injuries are not covered in the event of wilful negligence. Employees are covered for injuries sustained outside the state as long as the employment is principally localized within the state.

Nebraska Workers Compensation Claims

An employee should notify their employer immediately of any work related injury, and seek medical attention. They should also inform the physician, who should then file a first treatment medical report with the employer or insurer. All charges for medical treatment should be sent to the employer or insurer as well. If a problem arises, the employee should contact the Nebraska Workers' Compensation Court for further assistance. A lawsuit petition may be filed with the court if necessary.

Workers Compensation Claim Denials

Claims may be denied if a worker does not follow proper procedure. Failure to notify the employer of an injury and failure to seek medical attention may result in a claim denial. Claims may also be denied if it is determined that the employee's injuries were a result of wilful negligence. Insufficient evidence of injury or injuries found to be caused by non work related reasons may also lead to a denial.

Appealing a Denial

The first step is to call the Nebraska Workers' Compensation Court for assistance and speak with a public information specialist. An employee may request an informal dispute resolution before taking formal legal action. The next step is to file a lawsuit petition form with the Clerk of Court in the Nebraska Workers' Compensation Court. Petitions must be filed within two years. A petitioner may hire an attorney or represent themselves in the hearing. A Compensation Court judge will hear the case and make a decision. To appeal a judge's ruling, an Application for Review must be submitted within 14 days after the decision is made. A separate panel will then review the case. Further appeals can be made with the Court of Appeals or with the Nebraska Supreme Court. 65 such appeals occurred in 2007.

Collecting Nebraska Workers Compensation Payments

Medical and vocational rehabilitation benefits are available to workers under Workers' Compensation insurance, as well as monetary wage loss benefits after the seventh missed day or work. Current minimum benefits are $49, and the maximum weekly rate for benefits in 2009 is $671. Total disability benefits equal two thirds of an employee's average weekly wage, subject to maximum and minimum restrictions. Other disability benefits depend on the severity of the injury. Benefits will usually be paid within 30 days of the report of injury.

Hiring a Nebraska Workers Compensation Lawyer

Many Workers' Compensation claims are paid without the need for a lawyer or the involvement of the Workers' Compensation Court. Though an attorney is not required for a formal court hearing, obtaining the services of a lawyer is recommended due to the complex nature of legal proceedings. If an employee is not receiving proper benefits or has any questions or disputes with the claims process, it is advisable to consult an attorney.

Nebraska Workers Compensation Office Locations

Nebraska Workers Compensation Court
Street Address:
State Capitol Building, 13th Floor
1445 K Street
Lincoln, Nebraska 68508
Mailing Address:
Post Office Box 98908
Lincoln, Nebraska 68509-8908
(800) 599-5155

Omaha Office
Hall of Justice
1701 Farnam Street
Omaha, NE 68183-0001

Nebraska Workers' Compensation Court Mediation Coordinator
P.O. Box 98908
Lincoln, NE 68509-8908