Nebraska law allows for payments to you if you suffer an injury on the job and are unable to work. However, you must prove that you are temporarily unable to work and that the reason you cannot work is due to the work injury. This is where your treating doctor comes in and makes this determination. It is your responsibility to obtain off-work restrictions from your treating doctor and make sure your employer and insurance company get this information. Without a doctor’s written authorization, you may not be able to claim that you are due benefits from the insurance company.
How much should I receive?
The Nebraska pay rate is based upon your average weekly wage. The average weekly wage is computed using the 26 weeks of wages immediately prior to date of injury. If you are an hourly employee and work overtime, time and one-half pay rates are not included when average weekly wage purposes. (example $17.00 per hour employee averaging 48 hours per week: $17.00 times 48 = average weekly wage of $816.00). However, unusually low weeks are dropped from calculation purposes. There are several variances in the calculations which means you should call our office before assuming the insurance company is using the correct formula or following the law.
Under Nebraska Workers’ Compensation you are entitled to receive 66% of your average weekly wage if you miss work due to temporary total work restrictions.
Sometimes your doctor will not allow you to work at all which would entitle you to temporary total disability benefits (aka TTD benefits). Other times you might have restrictions that allow for light duty or modified duty such as restricted hours. This scenario would qualify you for temporary partial disability benefits (aka TPD benefits) which would make up 66% of the difference for the time you miss from work. Rates are paid at 66% of your average weekly wage (subject to maximum rates).
Nebraska maximum weekly benefit rates are based upon the date of injury as set forth below.
Injury occurring through | Maximum weekly rate:
1/1/17 through 12/31/17 – $817.00
1/1/16 through 12/31/16 – $785.00
1/1/15 through 12/31/15 – $761.00
1/1/14 through 12/31/14 – $747.00
1/1/13 through 12/31/13 – $728.00
1/1/12 through 12/31/12 – $710.00
1/1/11 through 12/31/11 – $698.00
1/1/10 through 12/31/10 – $691.00
1/1/09 through 12/31/09 – $671.00
1/1/08 through 12/31/08 – $644.00
1/1/07 through 12/31/07 – $617.00
1/1/06 through 12/31/06 – $600.00