How Long Does Workers Comp Last in Nebraska?

An accident at work can include years of physical pain in addition to financial uncertainty. Workers’ compensation can provide you with some security following your injuries, but there are rules affecting how long it can last. As such, you might be worried about how long does workers comp last in Nebraska.

Understanding how long workers’ compensation lasts in Nebraska is crucial as you seek financial stability and support during your recovery. You should be able to focus on your physical and emotional well-being without worrying about how you’ll make ends meet. That’s where the skilled attorneys at Mueller Schmidt Mulholland & Cooling come in when you file a claim. We can answer your pressing questions about how long workers’ compensation lasts in Nebraska and help you pursue benefits for as long as you’re entitled to them.

Overview of Workers’ Compensation in Nebraska

Workers’ compensation is a state-mandated insurance program that provides benefits to covered employees who sustain work-related injuries or illnesses. The injured person must be considered an employee of the company. Independent contractors are not eligible for workers’ compensation. In Nebraska, the workers’ compensation program should ensure that injured workers receive prompt medical treatment and financial support as they recover.

The Nebraska Workers’ Compensation Court oversees the administration of these benefits. The court ensures that claims are handled fairly and under state laws. Employers in Nebraska are required to carry workers’ compensation insurance.

Types of Workers’ Compensation Benefits

Workers’ compensation provides a number of different benefits. Understanding these benefits can help injured workers determine how long they can expect support. The primary ones include:

• Disability benefits to offset a portion of lost wages
• Medical benefits to pay for all medical care necessitated by the work injury
• Vocational benefits to pay for retraining if the injury forces a career change
• Death benefits to protect the family of a worker whose injuries or illness proves fatal

According to workers’ compensation laws, wage replacement benefits come in the following types: 

• Temporary Total Disability (TTD) benefits assist workers who are temporarily unable to work due to injury. In Nebraska, TTD benefits pay for two-thirds of the worker’s average weekly wage prior to the injury. They can last for the entire duration of the worker’s disability but do not exceed 300 weeks.
• Temporary Partial Disability (TPD) benefits assist workers who can return to work in a limited capacity or with reduced hours while recovering from their injury. In Nebraska, TPD benefits are two-thirds of the difference between the worker’s average weekly wage before and after the injury.
• Permanent Partial Disability (PPD) benefits assist workers who suffer permanent impairment but can still work in some capacity. The duration of PPD benefits in Nebraska depends on the specific body part affected and the severity of the impairment. How long do you receive permanent partial disability? The Nebraska Workers’ Compensation Court provides a detailed schedule outlining the duration of benefits for permanent impairments.
• Permanent Total Disability (PTD) benefits are available to workers who cannot return to gainful employment due to injury. In Nebraska, injured workers receive PTD benefits for their lifetime. These benefits continue for as long as the worker remains disabled and unable to work.

How Long Does Workers’ Comp Last?

How long can you receive workers’ compensation? The duration of workers’ compensation benefits in Nebraska depends on several factors, including the type and severity of the injury, the worker’s recovery progress, and the specific benefit category. How long does a workers comp claim stay open? Below is a detailed look at how long you can receive different types of workers’ compensation benefits:

• In Nebraska, an injured worker can receive TTD benefits for up to 300 weeks. These benefits continue until the worker can return to work in any capacity.
• TPD benefits are also subject to the 300-week limit in Nebraska. Workers receive these benefits until they can return to full-time work.
• The duration of PPD benefits varies based on the specific body part affected and the extent of the permanent impairment. The Nebraska Workers’ Compensation Court’s schedule of benefits provides information on the number of weeks of compensation.
• Nebraska awards PTD benefits for the injured worker’s lifetime in Nebraska. Workers may continue to receive PTD benefits as long as they cannot work.

Factors Affecting the Duration of Workers’ Compensation Benefits

Several factors can influence the length of time a worker receives workers’ compensation benefits in Nebraska:

• Severity of the Injury
• Type of Benefits
• Maximum Medical Improvement (MMI)
• State Regulations

Impact of Settlements on the Duration of Workers’ Comp Benefits

In Nebraska, workers’ compensation provides essential support for employees who have suffered workplace injuries or occupational diseases. The duration of these benefits typically depends on the nature and severity of the injury, along with the worker’s ability to return to work. However, workers may also choose to accept a settlement to close out their claim, which could affect the duration of their benefits. Here’s how:

• Lump-Sum Settlement: A lump-sum settlement provides a one-time payment to the injured worker. Accepting this form of settlement sometimes means relinquishing the right to future claims related to the injury. This includes medical benefits and wage replacement. Therefore, while it may offer immediate financial relief, it effectively ends ongoing support regardless of potential future complications or ongoing medical needs.
• Structured Settlement: This settlement type distributes payments over a period in agreed intervals rather than a single lump sum. It can be designed to cover long-term expenses, potentially providing stability over a more extended period. The terms of a structured settlement might allow for medical benefits to continue, especially if these were explicitly excluded from the settlement agreement.

Are You Receiving Just Compensation?

Until how long can you collect workers comp? Understanding how long workers’ compensation lasts in Nebraska is essential for injured workers seeking financial stability during recovery. The duration of benefits depends on the type of injury, the category of benefits, and state regulations. By staying informed and taking proactive steps, injured workers can maximize their benefits and focus on recovery.

Contact the experienced attorneys at Mueller Schmidt Mulholland & Cooling at 402-999-9000 for personalized guidance and support with your workers’ compensation claim. Our Omaha workers’ compensation attorneys can provide the guidance and advocacy you need to secure a fair and timely resolution to your claim. Our team and our firm can assure you that you can get the maximum compensation you deserve for your workers’ compensation case.

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