What is Workers Compensation?

The Workers’ Compensation Act in Nebraska is designed to provide benefits to employees who sustain injury by accident or occupational disease arising out of and in the course of their employment, and who are not willfully negligent at the time of the injury. The Nebraska Workers’ Compensation Act is the exclusive remedy for Nebraska employees, and the benefits available to you are set by law.

It is not necessary to show that your employer was at fault for the injuries. The accident may even be your fault. If those requirements are met, you may be entitled to certain benefits such as:

• Medical care
• Temporary total disability benefits (payment to you while you miss work recovering from an injury)
• Temporary partial disability benefits (payment to you if you cannot work full-time due to an injury)
• Permanent disability benefits (payment if you have permanent injuries)
• Vocational rehabilitation
• Mileage reimbursement
• Death benefits

It should not be confused with unemployment compensation, or other benefits such as Social Security disability benefits, health and accident insurance, or other disability benefit plans provided by the employer.

Last year, over 42,000 injury claims were filed in Nebraska. Many of these claims involved serious personal injuries that resulted in permanent disability.  Needless to say, work injuries can happen to anyone.

Who is Covered by Workers’ Compensation?

Most employees are covered under the Nebraska Workers’ Compensation Act.  However, there are exceptions as set forth by law.  

What if my injuries are someone else’s fault?

If you are injured as a result of the negligence of a third party (someone other than your employer or co-employees), you may be able to bring a separate claim against that particular entity.  However, you must be able to prove that the third party was negligent and this negligence was the cause of damages.  You should always speak to an attorney to discuss your particular work injury.

Out of State Claims. Am I Covered?

The answer is, maybe…  The Nebraska courts look at several factors including employee location of the work, the employer’s location of its work, and the location of the hiring. Learn more.