Nebraska Workers’ Compensation Benefits: How to Apply

Nebraska Workers' Compensation

State law dictates how to file and process workers’ compensation claims, unless you’re a federal employee. If you need to file a Nebraska workers’ compensation claim for benefits, we’ll outline the steps for you below. Then, see any Nebraska workers’ compensation program’s statistical changes from 2013 to 2017 in our interactive chart.

Steps to File Your Nebraska Workers’ Compensation Claim

According to the Nebraska Department of Administrative Services, workers’ compensation insurance is required for all employers with one or more employees. Only volunteers, independent contractors, federal or railroad employees are exempt from this coverage. If you suffer a workplace injury or occupational illness, follow these steps to file your Nebraska workers’ compensation claim:

  1. Report your injury or illness to your supervisor as soon as possible. You must tell either your supervisor or HR about the incident within 24 hours to get your claim started.
  2. Your employer must then file a First Report of Alleged Occupational Injury or Illness with the court within 10 days. It’s not your responsibility to file this form, but you should also get a copy for your records.
  3. Tell the first doctor that treats your workplace injury or illness that it’s work-related. Figuring out which doctor is covered under Nebraska workers’ compensation is often tricky. For complete rules on healthcare providers, read Choosing a Doctor for a Work-Related Injury – Rule 50.
  4. Your employer’s insurance company will either approve or deny your Nebraska workers’ compensation claim within 30 days. If approved, you can expect your first lost wages check to arrive in 30 days or less.
  5. If your claim’s denied, you can contact the Nebraska Workers’ Compensation Court to dispute that decision. You have two years from the date your workplace injury or illness occurs to request informal dispute resolution. Or, a Nebraska workers’ compensation attorney can file a legal petition suing your employer for lost wages and medical expenses.

We realize every Nebraska workers’ compensation claim is unique. So, the steps you follow may vary from the ones we outlined above. To get a more comprehensive understanding of the process, read the Court’s Rights & Obligations Information Sheet.

Nebraska Workers’ Compensation Statistics

Each year, the Bureau of Labor Statistics (BLS) releases a report with workers’ compensation program statistics for nearly every state. This report gives detailed information showing where benefits fall on a yearly basis. It also highlights total recordable cases, employees that missed work, transferred jobs, or received restrictions, and service-industry claims. Below is an inside look at how the Nebraska workers’ compensation program changed from 2013-2017.

One interesting thing to note is that total claims filed fell 19% during this five-year period. There were 3,100 fewer recordable cases in Nebraska from 2016 to 2017 alone, a stark difference from previous years. Like most other states, service-industry jobs make up just over half the claims filed annually (53%-61%). It’s encouraging to see that most workplace injuries aren’t bad enough to qualify for Nevada workers’ compensation benefits. Less than half those reported every year qualified for workers’ comp except for 2017, when it was exactly 50%.

Nebraska Workers’ Compensation Attorney

A lawyer’s most beneficial to those with pre-existing conditions or repetitive motion injuries, since they’re harder to prove. And if you’re going to appeal after a denied claim, we strongly recommend talking to a Nebraska workers’ compensation attorney. Workers’ compensation attorneys in our network have plenty of experience and charge nothing up front. A lawyer can help you collect necessary documentation, negotiate with your employers’ insurer and represent you in court, if needed. Since these lawyers work on contingency, they get paid nothing unless your case wins. For this reason, no lawyer will take you on as a client if they don’t think your case qualifies for workers’ comp benefits. You can get free, confidential advice during an initial consultation before deciding to move forward with legal representation.

Ready to see if you may qualify? Click the button below to start your free online benefits evaluation now!

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