402-999-9000
If you have suffered an injury at work, you are likely feeling overwhelmed and unsure about your next steps. Between dealing with your recovery, mounting medical bills, and missing time from your job, the stress can feel unbearable. Nebraska law protects injured workers like you.
As an injured worker, you need to understand your rights and take prompt action to protect them. You don’t have to handle an injury claim alone. You should get help from a seasoned Omaha workers’ compensation lawyer from Mueller Schmidt Mulholland & Cooling. We can review your case, advise you about your next steps, and handle everything for you. Call us today at 402-999-9000 to get the benefits you deserve.
When Does an Injury Qualify for Workers’ Compensation?
The Nebraska Workers’ Compensation Act entitles you to benefits for any injury or illness resulting from your employment. To have a valid claim, you must generally establish that:
- You are an employee of the company. Independent contractors are ineligible for workers’ compensation in most cases.
- Your injury occurred during the course and scope of your job duties. This can encompass accidents at your normal worksite, work-related travel, or company events.
- Your injury required medical treatment and/or caused you to miss work. Minor injuries that do not result in compensable losses are not covered.
Covered injuries can take many forms, including:
- Traumatic accidents like falls, getting hit by objects, and motor vehicle crashes
- Repetitive stress injuries like carpal tunnel syndrome
- Occupational illnesses caused by exposure to toxic substances
- Aggravation of pre-existing injuries or conditions
- Mental injuries resulting from abnormal workplace stress
You are not required to prove that your employer did anything wrong to cause your injury. Nebraska has a no-fault workers’ compensation system. You can still receive benefits even if your mistake led to the accident (with exceptions for intentional acts or intoxication).
What Should I Do After a Work Injury?
Your actions after suffering an injury on the job are critical to protecting your right to benefits. Be sure to follow these key steps:
- Report your injury to your employer as soon as possible. In Nebraska, you must provide written notice “as soon as practicable” to your employer to qualify for workers’ compensation. Any delay in reporting can lead to a denial of your claim, so notify your supervisor immediately and fill out an official accident report.
- Get medical treatment right away. You can go to the nearest hospital or urgent care clinic in an emergency. For non-emergency treatment, if you already have a family doctor, you may see that doctor. If not, your employer has the right to choose the doctor you see. Be sure to inform the provider that your injury is work-related so they bill workers’ compensation instead of your health insurance. Follow all treatment recommendations and attend follow-up appointments.
- Document everything. Keep copies of all medical records, bills, and communications with your employer and insurance company. If possible, take photos of the accident scene and your injuries.
- File an official claim. The First Report of Alleged Occupational Injury or Illness form must be submitted to the Nebraska Workers’ Compensation Court to initiate your claim. You must file within two years of the date of injury or the last date you received benefits.
- Consult with an Omaha workers’ compensation attorney. A seasoned attorney can help you understand your rights, gather evidence, and handle all dealings with your employer and the insurance company.
- Rest and recover. Do not push yourself to return to work before you are medically ready. Doing so can worsen your condition and hurt your claim.
What Workers’ Compensation Benefits Can I Receive?
Workers’ compensation offers several benefits if your claim is approved:
- Medical expenses. Your employer must pay for all reasonable and necessary treatment related to your work injury. This includes doctor visits, hospital stays, surgeries, medications, physical therapy, and more. In some cases, you may also receive reimbursement for travel costs to appointments.
- Temporary disability benefits. If your injury causes you to miss more than seven days of work, you can receive temporary total disability benefits that are equal to two-thirds of your weekly wage on average, up to a maximum set by law. If you can return to part-time work or to a job that pays less than your pre-injury job, you can receive two-thirds of the difference between those wages. These payments usually continue until you reach maximum medical improvement.
- Permanent disability benefits. If your injury results in lasting impairment, you may receive permanent partial or permanent total disability benefits for a specific body part or the body as a whole. These are calculated based on your percentage of impairment and pre-injury wages. However, if you are unable to return to the workforce because of your injury, you could be owed permanent total disability benefits.
- Vocational rehabilitation. If you cannot return to your previous job due to your injury, you may qualify for vocational rehabilitation services to help you find suitable work. This can include job placement, on-the-job training, and education.
What If My Employer Denies My Claim?
Sadly, employers and insurance companies deny valid workers’ compensation claims every day. If this happens to you, do not despair. You have the right to file a Petition with the Nebraska Workers’ Compensation Court to appeal the denial.
You will need to gather strong evidence of your eligibility for benefits, including:
- Medical records detailing your injury and treatment
- Witness statements about the accident
- Expert opinions about your condition and limitations
- Documentation of your wages and missed work
An experienced workers’ compensation lawyer can help you build a strong case and represent you in hearings before a judge. Never accept a denial as the final word without consulting with an attorney first.
How Long Do I Have to File a Claim?
To be eligible for workers’ compensation in Nebraska, you must report your injury to your employer in writing as soon as you can after you were injured. Any delay will likely result in a denial.
You have up to two years from the date of injury or the last date you received benefits to file a formal Petition with the court if they deny your claim. If you do not meet this deadline, you will lose your right to obtain benefits.
Contact Mueller Schmidt Mulholland & Cooling
Do not wait to act on your workers’ compensation case. Consult an experienced attorney as soon as possible to get the process started and protect your rights.
At Mueller Schmidt Mulholland & Cooling, we understand your immense challenges after a work injury. Our dedicated legal team is here to provide the skilled representation and supportive guidance you need every step of the way.
You do not have to face the workers’ compensation process alone. Call Mueller Schmidt Mulholland & Cooling today or contact us online to schedule a free case evaluation. Our knowledgeable Omaha workers’ compensation attorneys are ready to put our experience and resources to work for you.