*The following Questions and Answers follow the rules and statutes of the Nebraska Workers’ Compensation Act. The rules and statutes under Iowa Law are based on the same principles, but differ in some areas. If you have a question about Iowa Workers’ Compensation, please contact our office.*
Do I have a workers’ compensation claim?
You are entitled to Nebraska workers’ compensation benefits if you have sustained an accident, injury, or illness that occurred as a result of your job.
Am I covered for a workers’ compensation claim?
Employers in Nebraska are required to carry workers’ compensation insurance. If you are an employee of a business, you are generally covered automatically.
If I think I have suffered an accident or illness because of my work, what should I do?
The first thing you need to do if you think you have a Nebraska workers’ compensation claim is to immediately notify your employer — someone in a supervisory position. Make sure you tell that person how, when and where your accident or injury occurred. Do not delay in making this notification. Even if you are unsure if it is a work-related matter, notify your employer just the same.
If I need medical attention, can I see my own doctor?
Yes. If you have your own primary care physician, you may seek treatment with that physician. Your employer should inform you of the right to seek treatment shortly after you provide notice. If you do not have a primary care physician, the employer can choose a doctor to treat you.
What do I need to do during the first medical visit?
When you are treated for the first time, it is imperative that you give the medical provider a complete and accurate history of how and when you believe your injuries or illness occurred. Even if you are not sure your injury is work-related, or if you are forced to use other insurance — make sure you tell the providers the complete story about the events that led to your injuries or illness. The first medical record is important.
If I have a workers’ compensation claim, how are my bills paid?
Unlike private health insurance, there are no co-pays or deductibles. Your medical bills are covered dollar for dollar with no out-of-pocket expenses to you.
If I have a workers’ compensation claim, how am I paid?
Each claim is different, but if you are injured and cannot return to work because of your injuries, you are entitled to benefits for your missed time. In most cases, these benefits are paid at 66 2/3 percent of your average weekly earnings. Your average weekly earnings are based on the 26 weeks of wages earned prior to your accident date. Other benefits may be warranted if you have a permanent injury or permanent work restrictions.
Are preexisting conditions covered?
If you have a preexisting condition, that does not prevent you from having a Nebraska workers’ compensation claim. Preexisting conditions are covered under Nebraska workers’ compensation. If the work injury or illness aggravated that preexisting condition, the employer is responsible for that aggravation. Contact our office if you have more questions regarding preexisting conditions.
Are repetitive or overuse injuries covered?
You do not have to have a specific accident to be covered under Nebraska workers’ compensation. If your job involves strenuous and repetitive work, you can have a claim for repetitive trauma. Contact our office if you have more questions regarding a repetitive or overuse injury.