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WORKERS’ COMPENSATION LAW
Workers’ compensation is a no-fault insurance program established by the Nebraska Workers’ Compensation Act to provide wage replacement and medical benefits to employees who suffer job-related injuries or illnesses. All employers in Nebraska are required to carry workers’ compensation insurance or be self-insured.
Benefits Under The Workers’ Compensation Act
Workers’ compensation offers a cluster of benefits to both employees and employers. For employees, workers’ compensation provides no-fault, no-premium, no-copay medical insurance with the following benefits:
- Paid medical treatment;
- Up to 2/3 of your regular salary until you return to work;
- Compensation for any permanent disabilities or limitation;
- Occupational Retraining; and
- Death benefits for the survivors of workers who killed
For employers, workers’ compensation offers limited liability insurance in the sense that they cannot be sued their employee for any job-related injuries and illnesses they suffer. The Nebraska Workers’ Compensation Act is an employee’s exclusive remedy against an employer for job-related injuries and illnesses.
Injuries, Illnesses Covered Under The Workers’ Compensation Act
Workers’ compensation provides coverage for virtually any work-related injury, including those resulting from the following circumstances:
- Repetitive motion
- Slipping and falling
- Falling from heights
- Falling objects
- Electrical and plumbing accidents
- Chemicals and other hazardous materials
- Faulty and malfunctioning equipment
- Moving vehicle accidents
- Assaults by other employees
It also provides coverages for occupational diseases such as, eczema, dermatitis, carpal tunnel syndrome, hearing loss, asthma, farmer’s lung, and mesothelioma, which can take years to develop.
The most important thing, however, is that the injury or illness must arise out of and in the course of your employment. In other words, workers’ compensation will only cover you if you get injured or become ill as a result of doing your job or something for the benefit of your employer.
This includes injuries that are the result of accidents that occur away from your employer’s premises, for example when you are making deliveries for your company or when you are a teacher and you are injured on a school-sponsored field trip.
Injuries NOT Covered Under The Workers’ Compensation Act
As a rule, workers’ compensation will not cover injuries or illnesses that occur under the following circumstances:
- When you were not at work
- When the injury or illness is not work-related
- When injury or illness is caused by your own misconduct
- When you injured yourself deliberately
Workers Eligible To Receive Workers’ Compensation Benefits
The Nebraska Workers’ Compensation Act applies to all state agencies and to every employer in the state. This means that it applies to almost every industry in the state. However, with very few exceptions, only those workers who are working under a bona fide employee-employer relationship are eligible to receive workers’ compensation benefits.
Workers NOT Eligible To Receive Workers’ Compensation Benefits
In general, the following classes of workers are not eligible for workers compensation benefits in Nebraska:
- Self-employed individuals
- Sole proprietors
- Some household workers and farm laborers
- Federal employees
- Railroad employees
- Volunteers workers
- Independent contractors
Jay C. Elliott, P.C. : Workers’ Comp Lawyer
Attorney Jay C. Elliott specializes in workers’ compensation claims and can help you focus on what should be most important to any injured worker—your health. He will do this by handling your claim for you and ensuring that it is processed more quickly and efficiently. As an experienced workers’ compensation attorney, his primary goal is to protect your interests so you receive the maximum benefits available to you under the law.
From years of experience handling workers’ compensation claims, attorney Jay C. Elliott knows what should be anticipated when you file a claim and how to prepare for the challenges that may arise. Knowing what you have to do next and being prepared to do it takes the stress out of filing a workers’ compensation claim and allows you to move more quickly when the process requires you to do so. Hiring an experienced workers’ compensation lawyer gives you the best chance to successfully address any challenges that may arise during the life of your claim, especially if benefits are being delayed or denied. Call Jay C. Elliott, P.C. at 308-532-1963.