402-999-9000
If you sustained a workplace injury on the job in Omaha, you are likely facing a multitude of challenges to recover compensation. From seeking medical treatment and missing work to worrying about how you will pay your bills and support your family, the aftermath of a workplace accident can feel overwhelming. An Omaha workers’ compensation lawyer can help you get the compensation that you deserve.
At Mueller Schmidt Mulholland & Cooling, we have been fighting for the rights of injured workers in Nebraska for years. Our client testimonials show our knowledge, experience, and how we get great case results. Our experienced Omaha personal injury lawyers are here to guide you through the workers’ compensation claims process, stand up to the insurance company, and fight for the full benefits you need to move forward. Contact us today online or at 402-999-9000 to learn how we can help.
Understanding Workers’ Compensation in Nebraska
Workers’ compensation provides benefits to employees who sustain job-related injuries or illnesses. In Nebraska, most employers must carry workers’ compensation coverage. In this no-fault system, injured workers can receive medical care and partial wage replacement no matter who caused the accident.
The Nebraska Workers’ Compensation Act may entitle you to:
- Reasonable and necessary medical expenses related to your workplace injury, including doctor visits, hospital stays, surgeries, medications, and rehabilitative care
- Weekly temporary total disability (TTD) benefits equal to two-thirds of your average weekly wage if you cannot work while recovering
- Temporary partial disability (TPD) benefits if you can return to work in a limited capacity but earn less than your pre-injury wages
- Permanent partial disability (PPD) if you suffer a lasting impairment to a body part
- Permanent total disability (PTD) benefits if your work-related injury leaves you unable to work in any capacity
- Vocational rehabilitation services to help you return to suitable employment if you cannot go back to your previous job
- Death benefits for surviving family members if a work-related injury proves fatal
Workers’ compensation only covers injuries or illnesses arising out of and during the course of employment. Your injury or occupational illness under workers’ compensation law must be causally connected to your job duties or workplace environment. Nebraska workers’ comp may not cover certain categories of workers, such as independent contractors and federal employees.
Reporting a Work Injury in Omaha
If you get hurt at work, the first step to protecting your right to benefits is reporting the injury to your employer as soon as possible. You are covered under your employer’s workers’ compensation insurance policy for benefits such as medical expenses, lost wages, and more.
Provide Written Notice to Your Employer
In Nebraska, you must provide written notice to your employer as soon as practicable after your injury or after you discover that your illness or injury is work-related.
Failing to report your injury promptly could result in the loss of your right to obtain workers’ compensation benefits. Even if you initially think your injury is minor, it is better to be cautious and notify your supervisor right away. You do not need to know the full extent of your injury or have received a formal diagnosis before reporting personal injury.
Receiving Information About Medical Treatment & Filing a Claim
Your employer should then provide you with information about seeking medical treatment and filing a workers’ compensation claim. They are responsible for notifying their insurance company and notifying the Nebraska Workers’ Compensation Court of your injury.
What Are the Duties of the Employer in Workers’ Compensation Cases?
Common Workplace Injuries
Some of the injuries workers frequently sustain include:
If you have been injured on the job, our workers’ compensation lawyers can help you get the medical benefits you need.
Seeing a Doctor After a Work Injury
Your health should be your top priority after a workplace accident. Even if you do not think you need emergency treatment, you should still see a doctor as soon as possible to get evaluated and start a paper trail documenting your injuries.
As an injured worker, you have the right to get treatment from your family doctor. Your employer should advise you of this right. If they don’t, you can see any doctor you wish. If they do advise you of this right and you have no family doctor, your employer can choose a doctor for you.
Be sure to inform the provider that you were hurt at work. If you are not happy with the care you receive, you can change doctors if your employer agrees with your new choice of physician.
Follow your doctor’s treatment plan carefully and attend all follow-up appointments. Workers’ compensation insurance companies are notorious for using gaps in treatment to argue that an injured worker has recovered or that their injury is not as severe as claimed. To safeguard your rights, consider contacting our workers compensation attorneys for knowledgeable legal guidance.
Filing a Workers’ Compensation Claim in Nebraska
In Nebraska, after you report your injury to your employer, they are obligated to report it to the insurer. Either the employer or insurer must then report your injury to the Nebraska Workers’ Compensation Court (WCC) within ten days of learning of the injury. They’ll report your injury on a First Report of Alleged Occupational Injury or Illness (FROI) form. This form asks for basic information about the employer, the insurer, you, and the work-related accident.
If your claim is approved, you should start receiving benefits within 30 days. If your claim is denied, you have the right to file a petition with the Workers’ Compensation Court (WCC) to appeal the insurer’s denial.
It is highly recommended that you work with an experienced Omaha workers’ compensation attorney during this process. A lawyer can make sure that all the details of your claim are handled, and that any filing with the WCC is filled out appropriately and filed on time, gather evidence to support your case, and take on all communications with the insurance company on your behalf.
What Do I Do If My Workers’ Compensation Claim is Denied?
Common Challenges in Workers’ Compensation Cases
While workers’ compensation is intended to be a straightforward system to help injured employees get back on their feet, workers’ compensation laws are often far more complex. Insurance companies are ultimately concerned with protecting their bottom line and may look for reasons to deny or undervalue a claim.
Some common tactics insurers use to avoid paying benefits include:
- Arguing that your injury is not work-related or did not occur within the scope of your employment
- Claiming that your injury is pre-existing or not as severe as you allege
- Delaying or denying approval for necessary medical treatment
- Prematurely cutting off your benefits or pressuring you to return to work before you are ready
- Offering a settlement that does not fully account for your losses
An experienced workers’ comp lawyer can anticipate these challenges and fight back against the insurance company’s attempts to undermine your claim. Your attorney can gather evidence to support your case, negotiate for a fair settlement, and represent you in hearings before the Nebraska WCC if necessary.
What Are an Employee’s Rights in a Workers’ Compensation Claim?
Don’t Face the Workers’ Comp Process Alone
Trying to make sense of the workers’ compensation system on your own can be daunting, especially when you are already dealing with the physical pain and emotional trauma of a serious injury. You may be worried about making a mistake that could jeopardize your claim or feeling pressure to accept a settlement that is far less than you deserve.
An experienced Omaha workers’ compensation attorney can make all the difference in your case. Here’s how a skilled lawyer can assist you:
- Explain your rights and options for seeking and receiving benefits
- Ensure you meet all deadlines and filing requirements
- Investigate your accident to gather evidence of your injury and its cause
- Review your medical records and work with experts to document your injuries and future care needs
- Handle all communication and negotiations with the insurance company
- Fight back against claim denials and unfair settlement offers
- Advocate for your interests in court hearings and trials
- Explore other potential sources of compensation, such as third-party liability claims if someone outside the company caused your injury
Injured workers who seek the help of an attorney typically receive significantly more in benefits than those who try to handle their claims on their own. Don’t leave your financial future and well-being to chance.
Can I Reopen an Old Work Injury Case?
Your Initial Workers’ Comp Lawyer Consultation Is Free
At Mueller Schmidt Mulholland & Cooling, we understand the stress and uncertainty you may feel after a workplace injury. That is why we offer a free, no-obligation consultation to discuss the details of your case and answer your questions.
We work on a contingency fee basis, which means you pay nothing upfront to hire us, and we only collect a fee if we successfully recover benefits for you. We also advance all costs associated with pursuing your claim, so you don’t have to worry about paying for medical records, expert witnesses, or court fees out of pocket. Check out our other personal injury practice areas if you’ve been injured as a result of someone else’s negligence.
Do I Have a Workers’ Compensation Case?
Contact an Omaha Workers’ Compensation Lawyer Today
If you were injured on the job in Omaha or the surrounding areas, don’t wait to get the legal representation you need. Contact Mueller Schmidt Mulholland & Cooling today to schedule your free consultation with an experienced workers’ compensation attorney.
Our knowledgeable Omaha workers’ compensation lawyers have a track record of success in helping injured workers. We secure the medical treatment, wage replacement, and disability benefits they need to move forward after a traumatic workplace accident. We stand up to the insurance companies and secure the fair compensation our clients deserve.
Call Today!
Don’t let the stress and uncertainty of the workers’ compensation process overwhelm you. Let our legal team handle the legal details so that you can focus on your recovery. Contact us online or call 402-999-9000 to speak with an Omaha workers’ compensation lawyer who can answer your questions and help you understand your rights. We are here for you every step of the way.