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How Do I Know if I Have a Workers’ Compensation Case?

You have been hurt at work, but does that mean you are automatically entitled to workers’ comp benefits? Our Omaha workers’ comp lawyer explains.

Accidents in the workplace are extremely common in Omaha, and throughout all of Nebraska. When they occur, employees are left suffering with serious injuries, and being left unable to go to work to earn an income that supports them and their families. Fortunately, theworkers’ compensation system in Nebraska covers most employees throughout the state. While most workers are covered under workers’ compensation law, there are exceptions and times when a worker may find themselves without the benefits they need. Below, our Omaha workers’ compensation lawyer explains when you may have a workers’ compensation case.

Which Employers Must Carry Workers’ Compensation Insurance?

Nebraska law requires all employers with one or more employees to carry workers’ compensation insurance. When an employee becomes injured, they can inform their employer, who will then file a claim with the insurance company providing them with workers’ compensation insurance. Workers’ compensation insurance in Omaha is no-fault. This means it does not matter if the employee contributed to the accident that caused their injury. They can still file aworkers’ compensation claim.

It is important to note that the above law does not apply to some workers. For example, employers of certain farm workers and domestic household workers are not required to carry workers’ compensation insurance, although some may choose to. Workers in these industries should speak to an Omaha workers’ compensation lawyer who can determine if there is coverage available.

Your Injury Must Be Work-Related

To be eligible for workers’ comp, your injury must have happened while you were performing work duties. For example, if you slipped and fell on someone else’s property while walking to work, you would not have a valid workers’ compensation claim because you were not engaging in work duties at the time. Although you may have a claim against the property owner, you probably do not have a workers’ comp claim.

You Must Be an Employee

Workers’ compensation law in Nebraska applies only to employees. That is, it does not cover independent contractors and other workers not classified as an employee. That being said, some employers misclassify workers in order to avoid paying them benefits. If your employer is denying you the benefits you deserve, it is important to speak to an Omaha workers’ compensation lawyer.

Call Our Workers’ Compensation Lawyer in Omaha Now

If you have been hurt on the job, there is a good chance you deserve workers’ compensation benefits. Unfortunately, obtaining the full benefits you deserve is not always easy. At Andres Law Offices, PC, LLO, ourOmaha workers’ compensation lawyer can review the facts of your case and determine if you have an eligible claim. If you do, we will fight for your rights to claim the full benefits you need. Call us today at (402) 491-4003 or contact us online to schedule a consultation and to learn more about how we can help.