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If you’re an employee who suffered an injury at work, you may be feeling overwhelmed and unsure about your rights and the steps you need to take to secure compensation. I was injured at work, what are my rights? This blog post aims to provide valuable information about your rights as an injured worker and guide you through seeking the benefits you deserve.
What Happens If I Get Injured at Work?
First, you should report the incident to your employer as soon as possible. Most employers in Nebraska are required to provide workers’ compensation insurance for their employees. You must report your injury to your employer in writing as soon as possible. If you don’t, your ability to receive workers’ compensation benefits could be at risk.
After you report your injury, your employer must notify their insurer, and either the employer or the insurer must report your injury to the Workers’ Compensation Court within 10 days of your notice.
What Is the Employer’s Responsibility When a Worker is Injured?
Employers in Nebraska have several responsibilities when a worker sustains an injury or occurs on the job:
- Advising you about your choice of doctors — Your employer should advise you that you have the right to be treated by your family doctor. If you have no family doctor, your employer can choose the doctor who treats your injuries.
- Reporting the injury — Your employer must report your injury to their workers’ compensation insurance provider no less than ten days after receiving notice of the incident.
- Not retaliating against the injured worker — It is against the law for an employer to retaliate against an employee who files a workers’ compensation claim or reports a work-related injury.
If your employer fails to fulfill these responsibilities, consult a knowledgeable Nebraska workers’ compensation attorney to protect your rights and fight for the benefits you are entitled to.
What Are Some Worker Rights Related to Injury?
As an injured worker in Nebraska, you have several rights:
- The right to file a workers’ compensation claim — You have the right to file a claim for workers’ compensation benefits. This includes medical expenses, lost wages, and disability benefits.
- The right to receive medical treatment — You can receive necessary medical care and treatment for your work-related injury. This will be paid for by your employer’s workers’ compensation insurance.
- Appeal a denied workers’ compensation claim — If the insurance company rejects your claim, you can challenge the decision. You can then submit evidence to prove your case.
- The right to be free from retaliation — It is illegal for your employer to retaliate against you. If you filed a workers’ compensation claim or reported a work-related injury, employers can retaliate.
How Do I Get Paid if Injured at Work?
I was injured at work, what are my rights and what would I get paid for? If you are hurt on the job, filing a personal injury claim for compensation can help pay for medical bills. Also, if you cannot perform your job duties as a result, you may be entitled to wage-replacement benefits. For instance, some of the benefits you can avail of are:
- Temporary total disability (TTD) benefits — If your injury keeps you out of work for more than a week, you can receive TTD. These benefits typically replace two-thirds of your usual weekly wages.
- Temporary partial disability (TPD) benefits — If your work restrictions from your injury require you to return to work part-time or to return to a lower-paying job while you continue to heal, you could get TPD. These benefits are a portion of the difference between your prior wages and your current reduced earnings.
- Permanent total disability (PTD) — If your on-the-job injury prevents you from returning to any kind of work, you could be entitled to PTD.
How Long Do I Have to Sue for Work-Related Injuries in Nebraska?
Nebraska has a two-year deadline to file a workers’ compensation claim and/or personal injury claim. This statute of limitation starts from the date of your injury or illness or the last date you received benefits, whichever is later.
Consequently, don’t wait to get legal help if you think you have a workers’ compensation case. An experienced attorney can guide you on your rights and collect the evidence you need. They will also ensure your claim is filed on time.
How Mueller Schmidt Mulholland & Cooling Can Help with Your Work-Related Injury Claim
Don’t know how to answer “I was injured at work, what are my rights?” If you’ve experienced a workplace injury and find yourself uncertain about your rights or the necessary steps to secure the benefits you deserve, don’t hesitate to call a seasoned attorney at Mueller Schmidt Mulholland & Cooling to schedule a free consultation.
During your consultation, our team of lawyers will provide a compassionate ear, listening attentively to your story and concerns. No question is too small or insignificant. In addition, we’re here to address all your inquiries and alleviate any uncertainties you may have regarding your situation. Our Omaha workers’ compensation attorneys aim to empower you with the knowledge necessary to make informed decisions about your case. Contact us online today to learn how we can help.
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