How Are Workers' Compensation Claims Handled for Government and State Workers in Nebraska?
If you work for a state agency, city department, public school, or another government employer in Nebraska and you are injured on the job, you have the same basic rights under the workers’ compensation system as any private sector employee. Many people assume that working for the government means different rules apply, but the Nebraska Workers’ Compensation Act covers virtually all employers in the state, including every governmental agency created by the state.
No matter where you work or how your injury happened, never hesitate to discuss your claim with our workers’ compensation lawyer.
The Same Law, a Different Administrator
State employees in Nebraska are covered under the same Nebraska Workers’ Compensation Act that governs private employers. What differs is who manages the claims. The State of Nebraska is self-insured, meaning it does not purchase a policy through a private insurance company.
Instead, the Department of Administrative Services Risk Management division handles workers’ compensation claims for state employees, with claims paid through a state revolving fund. Local government workers, such as city and county employees, may be covered through their employer’s own insurance or a self-insurance arrangement.
What Benefits Are Available?
Whether you work for a state agency or a private company, the benefits available to you under Nebraska workers’ compensation are the same. If you are injured at work, you may be entitled to coverage for all reasonable medical expenses related to your injury, temporary wage replacement if you are unable to work, and compensation for any permanent disability.
If your injury requires it, you may also be eligible for vocational rehabilitation to help you return to work in a different capacity. Wage replacement benefits are generally calculated at two-thirds of your average weekly wage.
The Claims Process for Government Employees
The process of reporting and filing a claim as a government worker largely mirrors the private sector process. You should report your injury to your supervisor as soon as possible. Your employer is then required to file a First Report of Alleged Occupational Injury or Illness with the Nebraska Workers’ Compensation Court within 10 days of receiving notice of your injury. You have the right to choose your own treating physician, and your medical bills and wage replacement benefits should begin within 30 days of your employer receiving notice of the injury.
What if Your Claim Is Disputed?
Government employers, like private employers, can dispute workers’ compensation claims. If your claim is denied or your benefits are delayed, you have the right to file a petition with the Nebraska Workers’ Compensation Court, which has jurisdiction over all contested claims in the state. Disputes are decided by a judge of the workers’ compensation court, and appeals may be taken to the Court of Appeals.
Speak with a Nebraska Workers’ Compensation Attorney
If you are a government or state employee who has been injured at work in Nebraska, you have rights, and navigating a disputed or denied claim on your own can be difficult. At Andres Law Offices, we help public employees in Omaha and throughout Douglas County protect those rights. Call us at 402-491-4003 or contact us online to discuss your situation.