Do I Have a Workers Comp Case?
When injuries or illnesses occur as the result of your job, you have the right to file a workers’ compensation claim.
On-the-job accidents and illnesses can occur in any job field or occupation. As a result, they may prevent you from working or performing certain tasks required by your employer while also resulting in the need for ongoing medical care. In these situations, you may be entitled to workers’ compensation benefits . As a form of insurance, workers’ comp protects workers from wage losses and out of pocket costs, providing that your claim is approved.
Does your situation entitle you to these benefits? While an experienced Nebraska workers’ compensation attorney would need to review the specific circumstances surrounding your claim, the following provides some basic guidelines to determine the rights you have in your case.
Under the Nebraska Revised Statutes (Section 48-101) , when personal injuries or occupational illnesses arise out of or in the course of your job, your employer is responsible for providing workers’ compensation benefits. Examples of common types of injuries and illnesses that would entitle you to file a claim include:
● Getting struck by objects or machinery;
● Suffering injuries as the result of a slip or fall;
● Suffering burns due to fires, explosions, or contact with hot objects;
● Overuse injuries, which can occur due to excessive strain and repetitive tasks;
● Being the victim of job related violence, either on the part of other employees, vendors, or customers;
● Injuries caused by defective products or machinery you use during the course of your job;
● Illnesses caused by exposure to toxic chemicals;
● Chronic conditions caused by job related stress.
While any of the above may make you eligible for workers’ compensation benefits, getting your claim approved can be a challenging process. Being aware of your rights in these matters is important in ensuring you get the compensation to which you are entitled.
One of your first steps in protecting your rights to workers’ compensation is to immediately report your injuries or illness directly to your employer. The next steps involve seeking medical care, following all of your doctor’s instructions regarding activity restrictions, and filing your claim within established timelines. Failing to do any of these could jeopardize your rights in a workers’ comp case.
Information sheets provided by the Nebraska Workers’ Compensation Court advise that all employers are required to provide benefits if they have one or more employees working for them in any regular trade, business, profession, or vocation. Exceptions include certain federal employees as well as domestic workers. Even if you were partially responsible for an accident, you may be entitled to compensation, provided you were not willfully negligent or under the influence of alcohol or drugs at the time it occurred. .
At Andres Law Offices, PC LLO, we defend your rights to workers’ compensation benefits. To find out if you are eligible to file a claim, contact our Nebraska workers’ compensation attorney to request a consultation today.