Workers’ Compensation

With very few exceptions, your employer’s workers’ compensation policy should cover all required medical costs related to your accident. If you are having trouble getting a certain medical procedure approved or getting your medical bills paid, it’s a good idea to take advantage of a free initial consultation with a workers’ compensation lawyer to have all of your options explained.

With very few exceptions, the workers’ compensation insurance should cover all required medical costs related to your accident, including your hospital stay. If you are concerned about your medical bills getting paid or you are having problems with the work comp carrier, it’s a good idea to speak with a local work comp attorney.

This is something that is handled on a case-by-case basis; however, if you are being forced to return to work earlier than you feel comfortable, it is a sign that you should at least speak with a work comp lawyer. Everyone recovers from an injury differently, but you should feel ready to work again when you are asked to come back to your previous job.

The short answer is no. Nebraska is an “employment at will” state, meaning an employer, or an employee, can terminate the work relationship at any time without cause. With that said, firing an employee in Nebraska while they are actively receiving workers’ compensation is a violation of the law.

A very common misconception among injured workers is that you are suing your employer or place of work. The reality is almost every employer in Nebraska is required to have Workers’ Compensation Insurance for their workers. Just like insurance for your car, this is insurance that protects your employer in the case of a work-related injury. While most people are happy to find out they are not suing their employer, getting the money you deserve from a workers’ compensation insurance company is not always simple or straightforward.

Generally speaking, workers’ compensation covers any injury that an employee sustains while at work that prevents the employee from performing his or her duties. The cases where work comp is not responsible for the injured worker are fairly predictable:

• If you intentionally caused your own accident or the accident was caused by your negligence, you are not eligible for work comp benefits.
• If your injury was a result of being intoxicated at the workplace, you will not receive work comp benefits.
• If you were injured as a result of a fight you started, you are not eligible for workers comp.

Report the Injury
It’s absolutely critical that you report the injury to your employer right away. Follow whatever internal procedures (typically an incident report) that your company has for when an injury occurs. Make sure that your manager or supervisor is aware of the report and keep a copy of the report for yourself.

Seek Medical Treatment
It is very important to seek medical treatment immediately — even if you think the injury is not that serious. It’s unfortunate, but many attorneys who work for insurance companies will twist any fact they can to delay, or devalue, your claim. Seeking medical treatment right away helps document the injury, shows the injury was critical, and evidences the employee has been doing everything they can to get medical treatment.

Follow All Medical Instructions, Attend Follow-Up Appointments
Not only is following your doctor’s orders the best thing for your physical recovery, it’s also important that you are not creating reasons for the insurance company to question the validity of your work injury claim.

Talk to a Workers’ Compensation Attorney
It’s typically very difficult to get all of the treatment and compensation you are entitled to without getting a work comp lawyer involved. A lawyer can advocate for you and handle the negotiations with the work comp insurance company. Your attorney can also arrange an independent medical evaluation if you are having trouble with the doctor that was assigned to you.

The best answer we can give here is that it depends. You will generally start the process by working with either your primary care physician or the doctor you were assigned by the work comp insurer. If there is reason to get another doctor involved, a work comp lawyer can help you with this process. When your work comp claim requires an independent medical evaluation, having a lawyer on your side makes the process much easier.