How Do I Know if I Have a Claim?
Our Nebraska workers’ compensation attorney explains three factors that determine whether you have a claim.
Workers’ compensation benefits in Nebraska help cover medical care and offset lost wages in the event you suffer an accidental injury on the job or are diagnosed with an occupational illness. How do you know if you are entitled to these benefits? Our Nebraska workers’ compensation attorney explains three factors that determine your rights in filing a claim.
Three Questions to Determine Your Rights in a Nebraska Workers’ Compensation Claim
Benefits available through the Nebraska Workers’ Compensation Court provide a safety net when job-related injuries or occupational illnesses happen. They cover medical costs associated with your care, including diagnostic testing, treatment, medications, and any rehabilitation you require. They also compensate you for up to two-thirds of your current income during the recovery period, with additional amounts in the event of permanent disabilities.
Are you wondering whether you have the right to file a claim? Your answers to the following questions can help in determining eligibility for workers’ compensation benefits in Nebraska:
1. What is your current employment status?
Under the Nebraska Workers’ Compensation Act, all employers who have one or more people working for them are required to provide workers’ compensation insurance. This is true regardless of whether they work full-time or are part-time, temporary, or seasonal help. However, there are some exceptions.
Railroad companies, certain agricultural employers, and individuals employing domestic workers are not legally required to provide coverage. Also, if you work as an independent contractor, are a freelancer, or are self-employed, you may not be entitled to benefits.
2. How did your injuries or illness happen?
Workers’ compensation benefits are available to workers who either suffer accidental injuries on the job or during their work duties or are diagnosed with occupational injuries that happened as a result of the work environment or exposure to hazardous substances on the job. Even if you were partially responsible for your injuries or illness, you may still be entitled to benefits.
However, while workers’ compensation covers injuries that happen while traveling for work purposes, it does not cover accidents that happen during your commute. You may also be denied benefits if your injuries or illness occurred due to fighting, horseplay, or as a result of being under the influence of alcohol or drugs while on the job.
3. How severe is your condition?
When any type of work-related injury happens, or you suffer symptoms of an occupational illness, you should notify your employer immediately and seek medical care, regardless of severity. Workers’ compensation benefits in Nebraska can help cover medical expenses you incur as a result. There is a seven-day waiting period, though, for income replacement benefits. These payments begin on the eighth day of missed work.
Request a Consultation With Our Nebraska Workers’ Compensation Attorney
If you have questions about filing a workers’ compensation claim in Nebraska, call Andres Law Offices, PC LLO, or contact us online. Request a consultation with our Nebraska workers’ compensation attorney today.