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Useful Information

I’ve been involved in workers compensation law since 2004 when I first started working as a law clerk at the Nebraska Workers’ Compensation Court, and I have seen all kinds of injuries and other issues in that 20 years. Here are some general things you can expect when you’re hurt at work.

FAQ

When you’re hurt at work the process is intimidating. You’re trying to focus on your recovery, but your employer or the insurance adjuster are asking all kinds of questions, taking statements, maybe even not paying benefits or not honoring your medical restrictions.

When to hire a lawyer to help you with your workers’ compensation claim depends on the facts of your specific case. Call us at 402-575-9451 to schedule a free consultation and get personalized answers. Consultations are not only free, they are confidential. It is a great way to get information about the process from someone who is not your employer or the insurance company.

Many injured workers can make it through the process without needing legal assistance. However, here are some red flags that indicate you might need some help:

  • Your claim has been denied fully
  • The adjuster is refusing to pay or authorize medical treatment even if the claim is accepted
  • The adjuster or nurse case manager is directing medical treatment instead of your doctor
  • Your employer is not honoring your restrictions from a doctor
  • You need a surgery because of your injury (not every claim with a surgery requires an attorney but consultation provides valuable information about the process even if you don’t necessarily need an attorney)
  • Your doctors say your recovery has stabilized but you still have symptoms or limitations

If you experience any of those red flags, or if you just have questions, call 402-575-9451 to schedule your free and confidential consultation today

Injured workers in Nebraska are entitled to a variety of benefits. Call 402-575-9451 to schedule your free and confidential consultation to see if you might qualify.

Medical benefits: any medical treatment recommended by your doctor that is reasonable and necessary because of a work injury is covered without a co-pay. Mileage or other transportation cost for travel to and from medical appointments is included. Your doctor determines what you might need to heal and get back to work, the insurance adjuster or nurse case manager should not.

Temporary disability: if you are not able to work (completely or partially) because of restrictions from your injury you should receive temporary disability payments. Temporary total disability (when you are taken off work or your temporary restrictions make you unemployable) is ⅔ of your average weekly wage* for each week you can’t work.

If you are working but earning less than before you were hurt because of restrictions, you should receive temporary partial disability. This amount is calculated by taking your average weekly wage minus the amount you made thst week and multiplying the difference by ⅔.

*Average weekly wage is essentially what you made at the time you were injured. It can be a
complex calculation that depends on many factors, but you can get a rough idea of yours by looking at your wage statements from the six months before you were hurt to get an idea of the average

When your injury becomes stable, if you have permanent effects you may be entitled to permanent disability payments. How much this benefit is and how long it will be paid depend on the type and severity of your injury. Call our office 402-575-9451 to discuss your specific case.

Also, if you have permanent restrictions from your injury that keep you from returning to your old job or a job where you make what you made before you were hurt, you might be entitled to receive vocational rehabilitation. This is a program where injured workers receive job placement assistance or retraining to get them back to suitable employment. Injured workers receive temporary total disability while participating in vocational rehabilitation.

Call our office 402-575-9451 to schedule a free and confidential consultation to find out if youmight qualify for these valuable benefits.

We often get asked questions about things adjusters are doing that don’t seem fair. Call 402-575-9451 to schedule your free and confidential consultation if you have questions about how your claim is being handled.

There is no remedy under Nebraska law if an adjuster handles your claim in bad faith. We believe there should be because injured workers should be treated fairly. If you agree, call your state senators.

However adjusters are supposed to follow Nebraska law when they handle your claim. If they don’t the insurance company might not be able to provide insurance in Nebraska. Here is what they are supposed to do and not do:

  • They can’t knowingly misrepresent the facts or law
  • They must acknowledge communications related to your claim with reasonable promptness
  • They are allowed to investigate your claim, but the investigation has to be prompt
  • When your entitlement to benefits becomes reasonably clear, they should promptly pay those in good faith
  • They can’t deny benefits without a reasonable investigation
  • They can’t underpay you substantially without a reason
  • They have to tell you what they are paying for when they make a payment
  • They can’t delay benefits or delay investigation by requiring excessive verification (like requiring your doctor to fill out the same form over and over again hoping for a different answer before they pay temporary disability)
  • If they deny your claim, deny a specific benefit, or terminate or change a benefit they must tell you the basis for denial, termination, or change
  • They must tell your doctor’s office why a medical bill is denied
  • They must provide injured workers with the Nebraska Workers’ Compensation Court phone number. The Court is a very valuable source of information, bit it cannot provide legal advice. You can reach the Court at 800-599-5155.

If you’re concerned the adjuster on your claim is not following these rules which are in Nebraska statutes (48-146.02) call our office at 402-575-9451.