Nebraska Workers’ Compensation Lawyer
You can’t work, you are in pain, you don’t know how you are going to pay your bills and you don’t know where to turn. When a work injury puts you and your family in a dire situation, the workers’ comp laws of Nebraska can help protect you.
Workers’ comp benefits exist to assist injured workers and their families cope with the disruption of employment, but some injured workers may find that they are having difficulty obtaining the compensation they deserve for their injuries.
How Can a Nebraska Workers’ Compensation Lawyer Help?
Many injured workers need a workers’ compensation attorney because claims are often denied. Insurance companies and employers will use any excuse to deny injured employees their benefits. In some cases, they will even try to minimize the benefits that workers receive.
An employer and the insurance company may argue:
- That the worker is not really injured
- That the worker was injured outside of work
- That the worker caused the injury
In order to ensure that employees get the benefits they deserve, an attorney can make a difference. Experienced workers’ compensation attorneys at Inkelaar Law walk clients through every stage of the workers’ compensation process. From the initial claim to the final appeal, our attorneys will be with you every step of the way.
Nebraska Workers’ Compensation Benefits
Nebraska workers’ comp benefits are available to injured workers as well as beneficiaries who have lost a loved one due to a workplace accident or occupational illness. The types of benefits Nebraska workers may expect to receive fall into four different categories and the benefits are oft based on the injured sustained.
Depending on the injury a worker has suffered from an employer is expected to cover reasonable medical and hospital services. Such services may include:
- Expenses for Medical Travel
Specific costs covered often depend on the employer as some may cover travel for medical procedures while others may have the injured pay out-of-pocket for the expense.
Wage loss benefits begin on the 8th day of disability due to the injury and the first week of disability is not paid unless the injury lasts for longer than 6 weeks. Benefits paid out may be classified into several categories including:
- Total Disability (Permanent or Temporary) – Total disability entitles a person to two-thirds of the worker’s average weekly wage so long as a physician indicates that the employee cannot return to work due to the injury.
- Permanent Disability (Temporary Partial, Permanent Partial Loss, Permanent Partial to the Body)
- Temporary partial benefits will be paid out to workers who are able to return to work however their hours may be cut down due to their disability or their position changed to accommodate their injury. The benefits are paid until the disability has been healed and will not exceed 300 weeks (less than 6 years).
- Permanent Partial Loss is for injured workers who have lost or lost use of a particular body part. Benefits paid out are dependent on the body part affected and recipients will get two-thirds of their average weekly pay.
- Permanent Partial to the Body benefits will be paid out to those who have suffered permanent disability at a rate calculated upon the percentage of the disability times two-thirds the employees average weekly pay.
Should a worker suffer from a fatal injury, the surviving spouse will receive benefits for their life or until they remarry. Children are also entitled to a percentage of benefits until they reach 19 years of age or 25 if they are enrolled full-time at an accredited educational institution. Up to a maximum of $10,000 in burial expenses will also be covered.
Vocational Rehabilitation Benefits
If an employee suffers from an injury that leaves them unable to return to their previous line of employment they may be entitled to vocational rehabilitation. While participating in vocational services the injured workers may receive partial disability benefits.
All disability benefits are subject to a maximum rate, effective January 1st, 2013 the maximum an injured worker may receive in $728 every week.
If you or a loved one is injured on the job they should report the incident to their employer right away. An experienced Nebraska worker’s comp can also assist you in fighting for the benefits you deserve for your injuries.
Common Workplace Injuries
Most commonly there are particular occupations wherein an employee is more likely to be injured, however all industries according to the Bureau of Labor Statistics are subject to being suffering from workplace injuries.
Some common workplace injuries include (but are not limited to):
- Sprains and Strains
- Burn (Chemical, Electrical, etc.)
- Cuts and Lacerations
- Head Trauma
- Loss of Limb
- Broken Bones
It is important to note that some industries do report injuries and illness more frequently than others include those in healthcare, construction, and manufacturing. Workers involved in commercial driving are also more susceptible to be injured in motor vehicle collisions during working hours.
Dangerous Occupations in Omaha
While a serious workplace injury can occur in almost any working location, some industries have a higher rate of accidents than others.
Some of these include:
- Commercial fishing
It’s important to note that in the event of a serious injury occurring at work, the incident is reported to the injured person’s boss and documented accordingly.
Contact our Nebraska Workers’ Compensation Lawyer Today
Being involved in a serious workplace accident can be life changing and most employees expect their employer to help them through this difficult time. Unfortunately some employers may fail to provide adequate compensation which can cause financial strain and further the amount of stress the injured worker is under.
At Inkelaar Law we understand how difficult it can to deal with an insurer and are well-versed in how the Nebraska workers’ comp system functions. For years we have been representing accident injury victims and providing them with comprehensive legal counsel.