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.
If you get hurt on the job, your employer is required to pay you workers’ compensation benefits. However, it is YOUR responsibility to show that you were working at the time of the injury or illness and that the injury or illness was caused by work.
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
Workers’ compensation 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.
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.
Frequently Asked Questions
Filing a Claim
- Who is Covered by Workers’ Compensation?
- What should I do immediately following a work injury?
- Where Do I File a Workers’ Compensation Claim in Nebraska?
- What if the injury occurred in a different state? Should Nebraska work injury laws apply?
- Should I Report My Workers’ Compensation Claim?
- What injuries are NOT covered by workers’ compensation?
- When should I report my work injuries?
- Are Mental Injuries Covered under Nebraska Law?
- What is the Statute of Limitations for filing a workers’ compensation claim?
- What type of information should I gather for my workers’ compensation claim?
- What do all the workers’ compensation acronyms mean?
Payment / Compensation
Hiring a Workers’ Compensation Attorney
- Can my employer stop me from getting workers’ compensation benefits?
- How much time do I have to report my injury and file a claim?
- How much work can you miss with a workers’ compensation claim?
- Unemployment vs. Workers’ Compensation
- What are cumulative trauma injuries and can I be compensated for them?
- What are the risks of filing a workers’ compensation claim?
- What happens if I cannot return to work?
- What if I caused my own injury?
- What is an independent medical examination (IME)?
- Workers compensation benefits vs. SSDI
- Suggestions for your Functional Capacity Evaluation (FCE)