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What injuries are NOT covered by workers’ compensation?

The general rule in Nebraska workers’ compensation law covers most work injuries. However, there are some exceptions. Injuries not covered by workers’ compensation fall into several categories:

Willful Negligence

In workers’ compensation law, any accident that causes injury will be covered, including those that are the employee’s own fault. However, if the accident was caused by the employee’s willful negligence or intentional negligence, then the injuries that result from that behavior will not be covered.

Course of Employment

In order for an injury to be covered by workers’ compensation, it has to occur within the course of employment. This means that the worker has to be acting as an agent of their employer at the time of the injury, and not on their own personal time or errands.

Exemptions from the Law

Nebraska workers’ compensation law carves out several types of employment that are not covered, including Federal employees, volunteers, independent contractors, railroad employees, self-employed individuals, and some domestic and agricultural workers.

Mental Injuries

Generally a physical injury is required to make a mental injury compensable. The mental injuries must be related to the original physical injury. A new law now for first responders to claim mental injuries if they are exposed to extraordinary or unusual circumstances, not incidental to their normal employment

If you are unsure whether or not your injury is covered by workers’ compensation laws, the best thing to do is have an attorney review your case to determine whether or not you qualify to file a workers’ compensation claim in Nebraska.

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