Lincoln Workers’ Compensation Lawyer
It is an unfortunate fact that many of us will eventually suffer injuries during our employment. While an injury may be more likely to affect people working in jobs involving manual labor or heavy machinery, Nebraska law allows any employee who suffers an injury performing their job to obtain workers’ compensation benefits. Regardless of your job duties, the number of hours you work, or how long you have been working, workers’ compensation laws may protect your rights as an injured employee. En Español.
Despite this coverage, many people face obstacles trying to obtain the compensation that they deserve. A dedicated attorney can work with you to file suits against insurance companies to acquire the benefits to which you are entitled. Contact a Lincoln workers’ compensation lawyer today.
High-Risk Industries for Workplace Injuries
Although it’s possible to be hurt in virtually any working situation, there are industries and occupations that carry a higher risk than others.
The most dangerous industries in Nebraska in 2012 were:
- Health Care & Social Assistance
- Retail Trade
- Transportation & Warehousing
- Educational Services
- Public Administration
- Wholesale Trade
- Accommodation & Food Services
- Administrative & Support, Waste Management & Remediation Services
These industries accounted for nearly 84% of all reported injuries in 2012, with about 2,000 more injuries reported in an unknown industry. The remaining approximately 5,000 injuries occurred in industries such as agriculture, professional & scientific services, finance & insurance, utilities and more.
When you are hurt in the workplace, your employer is liable for all reasonable medical and hospital services you may require, including prescriptions, medical devices, prosthetics and any other needed supplies. You may even be entitled to compensation for medical travel expenses.
There are further rules regarding the selection of a physician and how disputes may be resolved, as well as the use of a managed care plan. Further, any refusal of medical treatment can limit, reduce or suspend a worker’s benefits. Expenses must be submitted to the employer or the insurer to receive payment. Speak with a Lincoln workers’ compensation lawyer for more information.
Workers’ compensation benefits for lost wages are paid in the same manner as your wages at the time of injury, are not taxable and can’t be transferred to another individual. The first week of disability is not paid (unless disability lasts 6 weeks or more), so benefits begin on the eighth calendar day of disability.
According to the NW Workers’ Compensation Court, “the days of disability need not be consecutive,” and partial days missed due to medical needs can be counted as a temporary partial disability.
The types of indemnity benefits include:
- Total Disability Benefits
- Partial Disability Benefits
Total disability can be either temporary or partial and entitle a worker to 2/3 of his or her average weekly wage. This amount is subject to maximum and minimum weekly limits set by the state. Benefits continue as long as the worker’s physician deems him or her unable to work due to the injury. For more information, contact a Lincoln personal injury lawyer today.
Partial Disability Benefits
There are three types of partial benefits, temporary partial, permanent partial loss of a member or permanent partial to the body as a whole. Temporary partial benefits are paid when an employee is able to return to work, but for shorter hours or in a capacity that earns a lesser wage. This type of benefit is limited to a 300-week period. Wages are equal to 2/3 of the difference between the old wage and new wage (subject to maximum and minimum limits).
Permanent partial loss of member benefits is paid to workers who have lost a body part, or the use thereof. The benefit amount depends upon “statutory value”, based on a schedule that sets the number of weeks and amount of compensation allowed for various body parts. The rate is equal to 2/3 of the previous wages, subject to minimum and maximum limits, times the number of weeks allowed in the schedule according to the body part and percentage lost. If a worker loses the use of two members in a single accident, it is considered total permanent disability.
Permanent partial to the body as whole benefits are paid when permanent disability occurs, and are calculated using the percentage of disability times 2/3 of the average weekly wage (subject to maximum and minimum limits). These benefits are limited to 300 weeks, minus any weeks during which temporary and permanent disability benefits were received.
A Lincoln Workers’ Compensation Attorney is Here to Help You
If you suffer an injury on the job, you have the right to receive workers’ compensation payments. It does not matter whether the injury was your fault, nor does it matter what type of work you were engaged in. Our Lincoln workers’ compensation lawyers are here to protect that right.
Workers’ compensation insurance companies make their profit by issuing benefit packages with reduced payments or by finding excuses to deny payment altogether. Let our team fight by your side to bring you the financial stability you deserve after an injury. Contact Inkelaar Law today.