Best Workers Comp Lawyer Near Me – Regardless of your occupation, there is always the possibility of accidental injury or death on the job. It happens to thousands of Nebraskans every year, but many do not receive all the workers’ compensation benefits they or their families are entitled to.
When you are injured on the job, your employer and their insurance company may try to save you money by acting in their own best interest rather than yours. Unfortunately, this can cause you physical and financial problems.
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The Nebraska workers’ compensation attorneys at Hauptman, O’Brien, Wolf & Lathrop, DC have helped many injured workers who have had their claims dismissed. Our job is to work with insurance companies and government officials to make sure you get the compensation you deserve.
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The types and severity of work-related injuries depend on your job. While office workers may struggle with relatively minor issues like back pain or carpal tunnel syndrome, those who do physical work are at risk of serious injury. Do not forget that occupational diseases are also accidents at work.
The benefits you are eligible for depend on several factors, including how you were injured, the severity of your injuries, and whether your injuries are temporary or permanent. Under the Nebraska Workers’ Compensation Act, you may receive some or all of the following benefits:
According to the Bureau of Labor Statistics, approximately 2.9 million people suffered nonfatal workplace injuries in 2015. This means about 8 thousand accidents per day. Some of the most common causes of industrial accidents are:
Employers in Nebraska are required to provide workers’ compensation insurance to all full-time, part-time, seasonal temporary employees and small workers. Some employees are not insured by employees. These include:
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In addition to the above, all other employees are eligible for Nebraska workers’ compensation if they are injured on the job. However, there are requirements that must be met. The following conditions must be met in order to receive assistance:
This is just a brief overview of state law. What benefits you can get and how much will depend on your circumstances. If you’ve been injured on the job, it’s a good idea to read more about Nebraska workers’ compensation laws and what to do after a work injury.
There are employers who refuse to give you the benefits you deserve, despite what the law says. If this happens to you, the first thing you should do is call the Nebraska Workers’ Compensation Court at 800-599-5155 and file a report.
Remember that according to the statute of limitations, you have two years from the date of the injury to file a claim. If your employer refuses to pay or deny you benefits, the best way to protect yourself is to hire a workers’ compensation attorney.
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Hauptmann, O’Brien, Wolff, and Lathrop, P.S. addresses only workers’ compensation claims. We’ll do everything we can to give you the benefits you need to pay your bills and take care of your family. We offer a free consultation to assess your situation and discuss your situation. Speak with an Omaha workers’ compensation attorney at 402-241-5020 or a Sarpy County workers’ compensation attorney at 402-241-8214 or contact us online.
Loss of income is one of the biggest challenges for workers injured on the job. Fortunately, if your injury prevents you from working, there may be several options to help you recover at least some of your wages.
The first is workers’ compensation. Most workers in Nebraska are entitled to compensation if they are injured on the job. Compensation for lost wages (also known as severance) is paid to the injured worker in the amount of two-thirds of the average weekly wage (subject to minimum and maximum compensation limits set by the state). The allowance is paid from the eighth day when the employee cannot return to work. If the injury prevents return to work for six weeks or more, the employee will receive compensation for the first 7 days’ wages.
You should also know about your employer’s sick leave policy. Employees can supplement their workers’ compensation with sick leave hours or days, paid vacation, or some combination thereof.
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If your employer offers long-term disability insurance to employees, you may be covered if you are unable to work due to an injury (although some policies exclude workplace injuries). Long-term disability insurance covers a percentage of your earnings if you were able to work. Workers’ compensation benefits can usually be combined with long-term disability to help you recover your lost income.
Finally, you may be able to file a lawsuit against one or more third parties if their negligence causes you to be injured in the workplace. In this scenario, you may be able to claim compensation for all lost wages to date, as well as compensation for loss of earning capacity if the injury prevents you from working in the future.
The Nebraska Workers’ Compensation Act (§ 48-137) requires workers’ compensation claims to be filed no later than 2 years after the employee’s on-the-job injury or death, or no later than 2 years after the last date any benefits were paid. later on. Either the parties must agree to compensation or the claim must be filed in the Nebraska Workers’ Compensation Court before the 2-year time limit expires.
Although the deadline to file a workers’ compensation claim is 2 years, you should act much sooner to protect your legal rights. Nebraska Workers’ Compensation Law § 48-133 requires that an employer be notified of a workplace injury “as soon as practicable” – preferably in writing, as this constitutes notice of the injury and care to report it.
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An employer is obliged to immediately notify his employees’ insurance company after receiving notification of an employee’s injury. The employer or insurer must report the injury to the Nebraska Workers’ Compensation Court within 10 days.
Generally, workers’ compensation starts within about 30 days of filing a claim. However, if there is a dispute about responsibility for the accident, there may be a dispute. The likelihood of a dispute increases if there is insufficient evidence to support your claim – which is likely to happen if you wait to file a claim.
First-class benefits cover medical expenses related to work-related injuries and vocational rehabilitation expenses. These costs must be fully covered by workers’ compensation.
The second category includes wage loss benefits/reimbursements. The amount of payment depends on the nature of the injury (temporary or permanent) and its partial or total disability. Disability benefits for Nebraska workers are broken down as follows:
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As you can see, there are many different factors that determine how much workers compensation is awarded after a workplace injury. It is important to hire a workers’ compensation attorney who can determine whether you are eligible for partial or full disability benefits and fight to get you the wage loss compensation you deserve.
Workers’ compensation is a no-fault system. Although you don’t have to prove that someone else was responsible for your injury in order to receive benefits, a common source of dispute in workers’ compensation claims is whether the injury was work-related.
Both employers and insurance companies can claim that an employee’s injury occurred outside of work. This is especially true if an injury or accident is not reported in time.
If your workers’ compensation claim has been 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:
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Section 48-101 of the Nebraska Workers’ Compensation Act requires workers’ compensation when a “preponderance of the evidence” shows that the injury or illness occurred “in connection with and in the course of employment.” If your employer or workers’ compensation company disputes your claim on the grounds that your injury did not arise out of and on the job, our attorneys can obtain evidence to the contrary.
Nebraska Workers’ Compensation Law § 48-136 recognizes the right of injured workers, employers, and workers’ compensation insurers to enter into voluntary agreements. Payments can be made in installments to cover the employee’s expenses, such as medical expenses, lost wages, and vocational rehabilitation.
Or you can combine the payments into one lump sum. Section 48-138 of the Nebraska Workers’ Compensation Act states that a workers’ compensation lump sum payment “shall be set at an amount equal to the sum of the probable future payments capitalized to an interest-based present value.” Annual holidays are calculated at five percent per annum.
Before accepting a workers’ compensation lump sum claim, it is important to consider all possible eligible expenses and disability benefits.
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