I Got Injured At Work Can I Sue – No matter what your job is, there is always a chance that you will suffer a catastrophic injury or be killed on the job. This happens to thousands of Nebraskans each year, but many of them do not receive full workers’ compensation benefits for themselves or their families.
When you are injured on the job, your employer and their insurance company may try to save money by doing things in their favor instead of yours. Unfortunately, this can leave you suffering physically and financially.
I Got Injured At Work Can I Sue
The Nebraska workers’ compensation attorneys at Hauptman, O’Brien, Wolf & Lathrop, P.C., have helped many injured workers have their claims denied. It’s our job to work with insurance companies and government officials to make sure you get the compensation you deserve.
Getting Hurt On The Job: Can You Sue?
The types and severity of injuries you may experience at work depend on your occupation. Office workers may experience minor problems, such as back pain or carpal tunnel syndrome, while those who work physically are at risk of serious injuries. Remember that occupational diseases are considered work-related injuries.
The benefits you are entitled to depend on a variety of factors, including how you were injured, the severity of your injury, and whether the injury is temporary or permanent. Under Nebraska Workers’ Compensation law, you may be able to receive some or all of the following benefits:
According to the Bureau of Labor Statistics, there were approximately 2.9 million workplace injuries reported in 2015. That works out to about 8,000 injuries each day. Some of the most common causes of workplace injuries are:
Employers in Nebraska are required to carry workers’ compensation insurance for all full-time, part-time, part-time, and minority employees. There are some employees who are not covered by employee computers. This includes:
Can I File A Personal Injury Claim Without A Lawyer?
Except for those mentioned above, all other workers are entitled to Nebraska workers’ compensation benefits if they are injured on the job. However, there are requirements that need to be met. To receive benefits, the following must be true:
This is just a summary of state law. What benefits you will be able to get and how important they are depends on your specific situation. If you’ve been injured on the job, it’s a good idea to learn more about Nebraska workers’ compensation laws and what to do after you’re injured on the job.
Despite what the law says, there are employers who will refuse to give you the benefits you deserve. If this happens to you, your first step should be to call the Nebraska Workers’ Compensation Court at 800-599-5155 and file a report.
Remember, according to the statute of limitations, you have two years from the date the injury occurred to file a lawsuit. If your employer refuses to pay or your benefits are denied, the best way to protect yourself is to hire a workers’ compensation attorney.
Workers’ Compensation: What It Is, How It Works, And Who Pays
At Hauptman, O’Brien, Wolf & Lathrop, P.C., we only handle workers’ compensation claims. We’ll do everything we can to make sure you get the benefits you need to pay your bills and take care of your family. We offer a free consultation to assess your case and discuss your situation. Call to speak with an Omaha labor attorney at 402-241-5020 or a Sarpy County labor attorney at 402-241-8214, or contact us online.
Financial loss is one of the biggest challenges faced by workers injured on the job. Fortunately, there may be several options that can help you recover at least part of your income if an injury leaves you unable to work.
First is workers’ compensation. Most workers in Nebraska are entitled to workers’ compensation benefits if they are injured during their employment. Wage loss benefits (also called indemnity benefits) are paid to the injured worker in the amount of two-thirds of the average weekly wage (subject to state minimum and maximum rates of compensation benefits). Benefits are paid from the eighth day the employee can resume work. If the injury prevents return to work for six weeks or more, the employee will be compensated for the first 7 days of missed work.
You should also ask about your employer’s sick leave policy. Employers can supplement workers’ compensation payments for hours or days of sick leave, paid vacation, or a combination thereof.
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If your employer offers long-term disability insurance to employees, you may be eligible for coverage if an injury leaves you unable to work (although some policies do not specifically cover work-related injuries). Long-term disability insurance covers a percentage of the salary you would be earning if you could work. Workers’ compensation benefits can often be combined with long-term disability coverage, which can help you replace your lost wages.
Finally, you may be able to bring a claim against one or more individuals if their negligence led to your work-related injury. In this case, you can pursue compensation for all current pay you have lost so far, as well as loss of lost earning power if the injury prevents you from working in the future.
The Nebraska Workers’ Compensation Act (§ 48-137) requires that workers’ compensation claims be filed within 2 years after the employee was injured or killed on the job or 2 years from the date of the last payment of benefits of any kind, whichever is later. The parties must reach an agreement regarding compensation or a complaint must be filed in the Nebraska Workers’ Compensation Court before the 2-year time limit expires.
Although 2 years is the deadline for filing a workers’ compensation claim, you actually need to act quickly to protect your legal rights. Nebraska Workers’ Compensation Law § 48-133 states that an employer must be given notice of a workplace injury “as soon as practicable” – preferably in writing, as this creates an accident report and your due diligence in reporting.
Can I Sue An Employer For Work Related Injuries In Louisiana?
After receiving notification of a work injury, an employer is required to notify their workers’ compensation insurance company immediately. The employer or insurer must report the injury to the Nebraska Workers’ Compensation Court within 10 days.
Generally, workers’ compensation payments begin within about 30 days after the claim is filed. However, a dispute may arise if liability is claimed for an accident. The likelihood of a dispute increases if there is insufficient evidence to support your claim – a situation that may arise if you wait to make a claim.
Benefits in the first category include medical expenses related to work injuries and rehabilitation expenses. These costs should be fully covered by workers’ compensation.
The latter category covers wage loss/compensation benefits. How much you are paid will depend on the type of disability (temporary or permanent) and whether your injury is partial or total disability. Nebraska workers’ compensation disability benefits are distributed as follows:
Does Accepting Workers’ Comp Mean I Can’t File A Lawsuit?
As you can see, many different factors will determine how much workers compensation pays after a work-related injury. It is important to hire a workers’ compensation attorney who can determine if you are eligible for partial or total disability benefits and fight for the wage loss compensation you deserve.
Workers’ compensation is a no-fault system. While you don’t have to prove that someone was at fault for your injury to receive benefits, whether or not the injury is work-related is a common source of dispute in workers’ compensation claims.
Employers and insurance companies alike may try to argue that an employee’s injury occurred outside of work. This is especially true if the injury or accident is not immediately reported.
If your workers’ compensation claim is denied, you should speak with an experienced attorney as soon as possible. The work injury attorneys at Hauptman, O’Brien, Wolf & Lathrop can investigate and gather evidence on your behalf, including:
Fall At Work Claims
Section 48-101 of the Nebraska Workers’ Compensation Act requires that compensation be paid to workers when a “preponderance of evidence” first reveals the existence of an injury or illness “recurring in the course of employment.” If an employer or workers’ compensation insurer disputes your claim on the grounds that your injury did not arise out of your employment, our attorneys can gather evidence to the contrary.
Nebraska Workers’ Compensation Law § 48-136 recognizes the right of injured workers, employers, and workers’ compensation insurance companies to enter into voluntary settlements. Compensation can be paid in installments to cover expenses the worker may incur, such as medical expenses, lost wages, and vocational rehabilitation.
Alternatively, payments can be combined into one lump sum payment. According to § 48-138 of the Nebraska Workers’ Compensation Law, the gross workers’ compensation award “shall be determined in an amount equal to the sum of all probable future payments, paid at their present value on the basis of interest.” it is calculated at five percent per year with a year’s rest.”
Before accepting a lump sum workers’ compensation settlement, it is important that you account for all reasonable expenses you may incur and disability benefits.
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