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            This article addresses Nebraska Workers' Compensation Claims and is some preliminary and basic information provided to assist you in your assessment on whether you need to hire an attorney to represent you or your loved one a workers' compensation claim.   The area can be complex and in no way can this article address the specifics and details of workers' compensation law.

            Workplace accidents are common occurrences.   Workers' Compensation Claims have procedures and rules that need to be complied with.  If you have been injured while working, immediately report the accident and injury symptoms to your supervisor and follow up your oral report with a written note confirming your report as soon as possible.  Some employers make this easy by providing forms for you to complete.   Please don't wait to report an accident as your delay in reporting can form the basis for your employer to deny your claim.

            With worksite accidents you should also not delay in reporting any injury or symptoms you suffer as soon as possible after discovering it/them.  Reporting your injury and symptoms is the first step.   Being seen and evaluated by a medical professional is equally as important.   By delaying your medical evaluation you may unknowingly be giving your employer or its insurer an opportunity to deny your claim or to delay payment of benefits.

            Often times, there will be witnesses to the accident or who were working in close proximity to the accident site.  You should make a note of the names of any co-workers who were in the area of the accident site as your lawyer may need to speak with them to learn what they saw, heard or did at the time of your accident or after the accident.  Recording the identities of witnesses can prove invaluable if your claim is disputed.

            There is an initial waiting period before workers' compensation temporary benefits are paid.   In Nebraska, there is a one week waiting period where no temporary total disability benefits are paid.  This can cause financial hardships, but the law does not require employers or their insurers to pay you for the first week of disability unless and until you have had six weeks of temporary total disability.

            Temporary total disability (TTD) is that period of time when an employee is temporarily totally disabled from all employment.   In order to claim entitlement to this benefit, you should obtain a note from the doctor who is treating you addressing your work status.   If your doctor restricts you to no work, not even light duty, you can qualify for temporary total disability benefits following the one week waiting period.  

            Temporary total disability benefits do not pay you dollar for dollar what you were earning.  TTD pays a portion of your average weekly wage by looking back over the twenty-six week period preceding your accident and arriving at an average of what you earned (overtime pay is calculated at a different rate) over that period.  Once the average is determined, that figure is divided by three and then multiplied by two to arrive at the TTD rate.

            Your employer also is responsible for paying for the reasonable and necessary medical expenses necessary to treat your injury.   If you are employed by a company that has an approved managed care plan for workers' compensation claims, you will be seen and treated by the company's managed care physicians.   If you are not in a managed care situation, most of the time you will be able to treat with your regular physician.  This can be different if you previously filled out a form for your employer indicating that you don't have a regular family doctor and agree to see the company's doctor.

            Just what is "reasonable" and "necessary" medical treatment are the subject of intense debate and are often litigated.   This is an area that is really better handled by an experienced personal injury workers' compensation attorney.

            When you reach the point where a doctor informs you that you have reached the maximum benefit from medical treatment and will be released from care, you may or many not qualify for permanent partial disability or loss of earning capacity benefits.  Your attorney will request a detailed assessment report from your physician to make sure that if your ability to function or earn wages will be permanently impaired that he/she will pursue recovery of the benefits allowed by law to compensate you for your disability or loss of earning capacity.   Further, your lawyer may recommend evaluation by an expert to determine if you are in need of some form of vocational rehabilitation.

            We hope that the above information has provided a basic and preliminary explanation of Nebraska Workers' Compensation law to allow you to see that these types of claims can be complex and hopefully help you determine that you should seek the advice and counsel of an experienced personal injury workers' compensation lawyer.

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