Omaha Workers’ Compensation Lawyer

Fewer events have as dramatic an effect on a person’s life as a workplace injury. On top of potentially being unable to earn a living, an injured worker may need to undergo painful and lengthy medical treatment.

Fortunately, state law requires all employers to maintain a workers’ compensation insurance policy that issues benefits to workers in event of an injury. For an employee to take advantage of this program, however, they must have been injured while at work.

The insurance companies that provide these policies sometimes issue benefit packages that are insufficient for a worker’s injuries and expenses, or even deny claims altogether. An Omaha workers’ compensation lawyer from Inkelaar Law could fight back on your behalf against the insurance companies to obtain the compensation that you deserve. Contact our experienced injury attorneys today.

The Basics of Workers’ Compensation in Omaha

All employers in the state of Nebraska are required by law to obtain a workers’ compensation policy. This policy protects workers in case of injury that happens while on the job.

This injury can be the result of a catastrophic event, such as a construction injury, or the result of repeated stress, such as joint pain or carpal tunnel syndrome. Similarly, your category and area of employment is generally irrelevant. With the exception of railroad employees, domestic servants, and some agricultural workers, all employees regardless of age or number of hours worked are covered.

In order to file a claim, you must report your injury to your supervisor, and then visit a doctor to obtain treatment for the injury. This doctor may be chosen by you if you already see the doctor in your day-to-day life. Otherwise, your employer has the right to choose the treating physician.

After treating the injury, this doctor must make a determination regarding your ability to return to work. Based on this determination, the insurance company will issue payments.

Potential Categories of Compensation

Workers’ compensation payments can provide restitution for both temporary disability and any permanent reduction in your ability to work. Workers’ comp insurance makes temporary payments when you suffer an injury that will eventually heal, at a rate of two-thirds of your average weekly wage for as long as a doctor determines you cannot return to work.

In other situations, you may suffer a permanent loss of ability to work. This can include the loss of a limb, blindness, deafness, paralysis, or another similarly debilitating condition. These injuries are paid out at a set rate according to Nebraska law depending upon the specific injury. Nebraska Revised Statute 48-121 (3) provides the full list of payments for loss of bodily function.

When the injury results in a permanent, total disability, the payment rate of two-thirds of your average weekly wage is issued for a total of 300 weeks.

What if the Claim is Disputed?

The most common source of disputes in workers’ compensation cases concerns the extent of the injury. You may believe that their injury is so serious as to prevent you from ever working again, but the insurance company may argue that you can return in a limited capacity. Disagreements also commonly arise over whether the accident happened while at work.

No matter the source of disagreement, you have the right to file suit with the Nebraska Workers’ Compensation Court. However, this suit must be filed within two years of the injury.

An Omaha Workers’ Compensation Lawyer Could Help Injured Workers

Becoming injured at work is never a pleasant experience, but workers’ compensation insurance plans provide income to workers intended to compensate them for their injuries. Unfortunately, the process can often move slowly, if it moves at all.

You have the right to exercise your benefits under these plans, and an Omaha workers’ compensation lawyer from Inkelaar Law could help you collect those benefits. Contact us today to learn how we can help you.