Working allows you to provide for your family, but a severe injury can keep you off the job. Employers provide workers’ compensation insurance to recover lost wages, cover medical costs, and help support you during your recovery. Understanding eligibility requirements will help you navigate the process. Knowing the potential compensation benefits will give you some much-needed peace of mind.

What Are the Requirements?

Most employees are covered under workers’ comp laws. This includes full-time, part-time, temporary, seasonal, and underage employees.

In some cases, it may not be a single event like a slip and fall. Injuries can happen over time. Jobs that require repetitive motions often injure tendons and muscles. Sedentary desk jobs that don’t require much movement have a risk of injury too. You may experience wrist, lower back pains, and carpal tunnel syndrome.

Certain illnesses, called Occupational Diseases, can qualify you for compensation. A doctor or nurse might get stuck with a needle, causing an infection. Coal miners might have respiratory illnesses. 

Other conditions, like strokes, heart attacks, and mental illness might also be covered, depending on the situation.  

If a direct link is found between the workplace and your illness, you're entitled to benefits.

Which Workers Are Eligible?

Full-time workers of limited liability companies (LLC) aren’t covered in the traditional sense. LLC workers, along with self-employed individuals, partners, and sole proprietors must file a written election with the insurer their company provides.

Household servants and agricultural laborers aren't usually covered. However, some employers provide insurance for them.

While volunteers usually aren’t covered, Nebraska volunteer firefighters can be. If they're working for departments organized under Nebraska law, they're considered employees. As employees, they're eligible for compensation if injured at the firehouse or in the course of their duties.

Executive officers who own 25% or more of the company’s common stock aren't considered employees. They must file an election with the insurer and the company’s secretary for workers' compensation.

In the non-profit sector, executives who earn $1,000 or less are only covered if they file an election.

Not every type of employee is covered under Nebraska compensation laws. Federal and railroad employees aren’t covered. These types of injuries may need to be pursued under other laws. Nor are independent contractors who are responsible for obtaining their own benefits. 

What Benefits Can You Receive?

Unlike personal injury cases, workers’ compensation doesn’t pay for pain and suffering. Rather, it focuses on the broader impact of the injury or disability you sustained. However, workers’ comp still provides comprehensive care.

1. Wage-Loss Benefits

If you’re unable to work, you’ll be provided financial benefits decided on a case by case basis. The current weekly maximum in Nebraska is $855.

2. Permanent Total Disability

Some injuries can make it impossible for you to work. Workers' compensation pays 2/3 of your weekly salary during the recovery period, but no more than $855.

3. Permanent Partial Disability

Some injuries result in a permanent impairment that will change the way you can work. For these situations, Nebraska law provides two different awards, depending on the situation.

• Permanent Partial Loss of Member: Nebraska will pay for the permanent loss of some body parts. This includes the arms, hands, fingers, legs, feet, and toes. You’ll be provided with 2/3 of your pay up to $855. The number of weeks is dependent on the partial or complete loss of the member and which member was lost.  
• Permanent Partial Loss to the Body (Loss of Earning Capacity): If you’ve experienced an injury to your spine or head, you’ll be eligible for benefits.

These benefits are permanent if the injury has left you with impairments and permanent restrictions.

A Loss of Earning evaluation will determine the amount of benefits awarded, which depends on a variety of factors including the type of injury.

4. Temporary Total Disability

If you’re completely unable to work for more than six weeks, you’re entitled to the same benefits seen in Permanent Total Disability cases.

5. Temporary Partial Disability

If you’re able to work but are earning less money due to your limitations, you can apply for temporary partial disability benefits. Here, you’ll earn 2/3 the difference between your pay before and after your injury. There’s still a maximum limit of $855 per week. You can remain on Temporary Partial Disability for up to 300 weeks.

6. Medical Treatment

If you sustained a workplace injury, your employer will cover the cost of your treatment. This includes hospital and doctor visits, medication, physical therapy, and prosthetic devices.

In some cases, you can be reimbursed for travel expenses to your doctor or hospital.

However, your employer will only pay for the treatment of injuries that stemmed from the incident. Unrelated doctor visits and care won’t be covered.

If you refuse reasonable medical treatments, the amount of your compensation can be reduced or discontinued.

7. Vocational Rehabilitation

Some injuries will make it impossible to return to your current job. However, your injury may not impair you from taking on another. You can request a Vocational Rehabilitation Counselor to help you prepare for a new position. They'll coordinate training for that position or help you obtain a degree. The Nebraska Workers’ Compensation Court has to approve the plan for it to be covered.

8. Secondary Injury Benefits

If you have a serious disability on record prior to December 1, 1997, you’re potentially eligible for Secondary Injury Benefits if you’re injured again. The subsequent injury would have to be more severe than the previous one for you to be eligible.

You’ll receive a court administered trust fund that will pay for the new injury. Your employer will pay only for the previous injury.  

9. Death Benefits

If an injury results in the death of an employee, the surviving spouse will receive death benefits for the remainder of their lives. If they remarry, the spouse will be paid two years of benefits in a lump sum.

The spouse will receive 66.66% percent of the employee’s weekly wage, and 75% if you have children. The children will receive benefits until age 19. Benefits are extended to 25 if they’re currently enrolled full-time in college.

Burial expenses are also provided.

What Should You Do If You’re Injured on the Job?

The moments immediately following an injury are the most critical. Make a mental note of anyone who witnessed your injury. Notify your supervisor, who may have you fill out an incident report. Be as detailed and as honest as possible.

Seek out treatment from a doctor and tell them exactly what happened. Follow their examination and treatment suggestions. Make copies of their report, including any physical restrictions that may keep you from working. Keep a copy for your records and send another to your employer.

Your insurance company may need the hospital and incident reports as part of your workers’ compensation application. Witnesses corroborating your injury statement can help your claim get approved.

Keep detailed records of your time off work, including expenses related to your injury. This includes prescriptions, transportation to see medical professionals, along with tests and treatments.

You should contact a lawyer as soon after the injury as possible. Over the last five years, insurance companies have denied 70% of workers’ compensation applications. An experienced workers' compensation lawyer will guide you through the process and paperwork. On your behalf, they'll speak to witnesses, medical providers, and the insurance company.

The insurance company may bring your claim to court. If that happens, your lawyer will represent your interests at proceedings. They'll negotiate on your behalf, and ensure the hearing remains fair.  

 

If you’ve experienced injury or illness due to your job, lawyers can help you through this difficult time. Salerno & Leavitt will treat you with the compassion you need and treat your case with the seriousness it requires. They have over 30 years of experience handling workers’ compensation cases in Omaha, NE. Their concern for their clients is matched by their dedication to finding them justice. To schedule an appointment, call (402) 502-9002. For more information on the cases they take on, including personal injury and wrongful death, visit them online.