If you’ve been injured on the job, it can be difficult to determine what your rights are and what benefits you are entitled to. The state of Nebraska has a very thorough workers’ compensation law and allows for you to get what you need from your employer.
Continue reading to learn more about the specifics of Nebraska workers’ compensation law and what to do if you’re having a hard time receiving benefits.
What Is Workers’ Compensation?
If you have been injured on the job or developed a disease related to the hazards of your workplace, you are eligible to receive compensation for your medical care and lost time at work. The key to receiving these benefits is that you were not acting thoughtlessly and the injury was truly an accident. Filing for workers’ compensation also waives your right to sue your employer down the line for any compensation for the injury or illness. Keep in mind, these benefits are very different than disability and unemployment.
Am I Eligible For Benefits?
All employees in the state of Nebraska are eligible to receive workers’ compensation benefits, with a few very specific exceptions. Railroad and federal employees are not covered, nor are any individuals who are self-employed. Some agricultural employees are also not covered, depending on if their employer elected coverage or not.
You can receive benefits as long as the incident occurred in Nebraska, and happened during the course of your usual daily duties. You may be able to receive benefits for a traumatic injury, which involves a one time incident, or an occupational injury, which results from years of repeated movements/actions undertaking in your job. Again, as long as your negligence did not result in the injury, you should be entitled to compensation.
What Do The Benefits Entail?
Naturally the dollar amounts will vary widely depending on your unique circumstances, but the workers’ compensation act will provide for several main types of benefits. First, you’ll receive medical benefits which will pay for all doctor visits, surgeries, and medications pertaining to the accident. Sometimes you might even receive extra compensation for your travel to and from your visits.
Additionally, you will receive payment for your lost time at work. In most cases, compensation will begin eight days after the injury took place. Depending on the severity of the injury, you might receive partial or full disability wages. If the accident resulted in death, the widow(er) will receive a death benefit.
What If My Employer Won’t Pay My Benefits?
Workers’ compensation can be a very expensive situation for employers, and sometimes it might be difficult to get them to pay your benefits. If your employer is refusing to pay benefits, most likely because they claim you were being negligent, you do have recourse. You can file a claim with the Nebraska Workers’ Compensation Court. Oftentimes you can file a claim to solve the situation outside of court, or you have the right to sue your employer.
If you have been injured at work and need help getting the benefits you deserve, please don’t hesitate to call Inkelaar Law today. We will discuss your case with you and help you every step of the way.