Position type and workers' comp law coverage
Whether a given Nebraska worker is covered by the state’s workers’ comp law impacts what sorts of rights the worker would have in the event that they suffered an injury at work. So, what occupations the state’s workers’ comp law covers is a very impactful thing.
Now, Nebraska’s workers’ comp law is not a limited law that only covers a few classes of workers. Rather, it automatically covers nearly all types of occupations in the state. However, there are a few types of workers that generally do not fall under the automatic coverage of this law, including:
- Most types of volunteers.
- Independent contractors.
- Railroad workers.
- Federal workers.
- Certain types of executive officers.
- Certain types of agricultural workers.
- Household domestic servants.
- The self-employed.
- Limited liability company members.
- Sole proprietors.
- Partners.
Now, for some of these exempt categories, while a worker will not be automatically covered by state workers’ comp law, they or their employer may be able to elect to have coverage extended to them. Thus, the particular coverage status of a worker who falls under an exempt category can be very circumstance-dependent. Experienced attorneys can give hurt workers who are unclear on whether or not they are covered by the state’s workers’ comp law assessments of their coverage status.
Another important thing to note is that just because a worker is in one of the plethora of occupations that is automatically covered by the state’s workers’ comp law does not automatically mean they won’t experience any challenges when it comes to getting workers’ comp benefits if they get hurt at work. Employers sometimes contest a workers’ comp claim made by a covered worker, such as by arguing that the injury the claim regards doesn’t meet the requirements for benefits eligibility. Skilled workers’ comp lawyers can help injured workers who are experiencing problems with a workers’ comp claim.
Source: Nebraska Workers’ Compensation Court, “All Frequently Asked Questions,” Accessed April 7, 2016