When Can Remote Workers Claim Workers' Compensation Benefits in Nebraska?

Workers’ compensation is a form of insurance that provides benefits to employees who suffer injuries or illnesses while performing their job duties. In Nebraska, the workers’ compensation system is designed to protect workers from the financial burden of workplace injuries and to ensure that they receive medical care and other necessary benefits.

Overview of Workers’ Compensation in Nebraska

The workers’ compensation system in Nebraska is governed by the Nebraska Workers’ Compensation Act (NWCA). The NWCA requires most employers in the state to provide workers’ compensation insurance for their employees. This insurance provides benefits to employees who suffer injuries or illnesses while performing their job duties. The benefits may include payment of medical expenses, wage replacement benefits, and disability benefits.

The purpose of workers’ compensation is to provide injured workers with financial assistance and medical care while they recover from their injuries. Workers’ compensation also provides employers with protection from lawsuits that could arise from workplace injuries.

When Can Remote Workers Claim Workers’ Compensation Benefits in Nebraska?

The question of whether remote workers can claim workers’ compensation benefits in Nebraska is not a simple one. The answer depends on a variety of factors, including the nature of the remote work, the location of the remote worker, and the specific circumstances of the injury or illness.

In general, remote workers may be eligible for workers’ compensation benefits if they suffer an injury or illness that arises out of and in the course of their employment. This means that the injury or illness must be directly related to the work that the employee is performing and must occur during the time that the employee is working.

For example, if a remote worker is injured while performing a task that is directly related to their job duties, such as typing on a computer or taking a work-related phone call, then the injury may be covered by workers’ compensation. Similarly, if a remote worker develops a repetitive stress injury as a result of their job duties, such as typing on a keyboard for long periods of time, then the injury may also be covered by workers’ compensation.

However, if a remote worker suffers an injury or illness that is not directly related to their job duties, then the injury may not be covered by workers’ compensation. For example, if a remote worker trips and falls while walking to their kitchen to get a snack, then the injury may not be covered by workers’ compensation because it is not directly related to their job duties.

When Can Remote Workers Not Claim Workers’ Compensation Benefits in Nebraska?

In addition to the examples given above, there are other situations in which remote workers may not be eligible for workers’ compensation benefits in Nebraska. These situations include:

1. If the remote worker is an independent contractor and not an employee. Under Nebraska law, independent contractors are generally not eligible for workers’ compensation benefits. This means that if a remote worker is classified as an independent contractor, they may not be eligible for workers’ compensation benefits, even if they suffer an injury or illness while performing their job duties.

2. If the injury or illness occurs outside of the remote worker’s normal work hours. Workers’ compensation benefits are generally only available for injuries or illnesses that occur during the course of employment. If a remote worker suffers an injury or illness outside of their normal work hours, such as during a lunch break or while running personal errands, then the injury or illness may not be covered by workers’ compensation.

3. If the injury or illness occurs while the remote worker is engaging in activities that are not directly related to their job duties. If the employee got injured while engaging with their child, pet, or another family member. This activity is not directly related to the work and hence will not be covered by workers’ compensation.

How Andres Law Office Attorneys Can Assist Potential Employees With Claims in Nebraska

The process of filing a workers’ compensation claim can be complex and confusing. This is especially true for a remote employee. Workers’ compensation for remote employees is a novel and nuanced concept, and it is important to have the right attorneys to support you through this process. Contact the Andres Law Office to schedule your confidential consultation. Competent, experienced, and eager attorneys are standing by to assist you.