Four Things to Know About Workers’ Comp in NE
Before you bring forth your workers’ compensation claim, be sure you know what you are doing and how to protect your right to benefits.
If you are injured on the job in Nebraska, there is a strong likelihood that you are covered under workers’ compensation insurance. While workers’ compensation is available to nearly all workers in our state, there are some important things you need to know–and do–in order to protect your rights to benefits. Here are four things to be aware of - for more information, consult with the experienced workers’ compensation attorneys at Andres Law Offices, PC LLO.
1. You Have a Limited Amount of Time to Inform Your Employer
If you have been injured at work, one of the most important first steps that you will need to take is to provide your employer with notice of the injury. While this can feel intimidating to do, if you do not provide your employer with notice, you could be permanently barred from recovery via the workers’ compensation system. Chapter 48 of Nebraska Revised Statutes, Section 48-133reads that notice of the injury shall be given to the employer “as soon as practicable after the happening thereof…” If you do not provide notice, your claim could later be denied.
2. Choosing a Doctor
Under Nebraska Law, an injured worker has the right to choose their own doctor. If an injured worker has a doctor who they have treated with in the past, or if it is a doctor who has treated an immediate family member, the injured work may choose that doctor. The employer must honor that choice. Make sure to inform your employer if you have a treating doctor.
If the injured worker does not have a doctor who has treated them or an immediate family member in the past, the employer can choose the doctor. The employer then can control the injured worker’s medical care.
Following an accident, the employer should present an injured worker with a Choice of Doctor Form. Read this form carefully. If you have a treating doctor, you have the right to treat with that doctor following a work-related accident.
3. You Cannot be Fired for Filing a Workers’ Compensation Claim
Many employees are nervous about filing a claim for workers’ compensation, afraid that their employers will retaliate or fire them for doing so. It is important that you know that filing a workers’ compensation claim is a protected right, which means that your employer cannot legally retaliate against you. If you believe that you have been retaliated against, call our law firm for help.
4. You May Have Cause for a Third-Party Liability Claim
The Nebraska Workers’ Compensation Act is an employee’s exclusive remedy against an employer for an injury arising out of and in the course of employment.
As such, you cannot legally file a 3rd-party lawsuit (or a claim of negligence) against your employer related to a workplace injury. However, you may be able to file a third-party liability claim against another third party whose negligence caused your injury, such as the manufacturer of a defective product, or an at fault person causing a vehicle crash while in the course and scope of your employment.
Call Our Workers’ Compensation Attorney in Omaha, NE Today
Workers’ compensation benefits are critical for employees who are injured on the job. At Andres Law Offices, PC LLO, our workers’ compensation attorneyswant to make sure you get the benefits you need if you are hurt at work. For a free consultation with our law firm, please call us directly or send us a message at your convenience.