Nebraska Workers’ Compensation Laws
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UPDATED: Mar 30, 2011
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Nebraska workers’ compensation laws govern the kind of workers’ compensation benefits available to workers who suffer an occupational injury or illness, as well as the procedures such employees must follow if they wish to obtain these benefits under Nebraska workers’ compensation law.
Claims under Nebraska Workers’ Compensation Laws
Accidents happen at the workplace. If you are injured in an accident at your place of employment, your injury is compensable under your employer’s workers’ compensation insurance policy. However, if your worksite injury was the result of your own negligence, your injury was self-inflicted, or you were drunk or using drugs at the time of your injury, your employer’s workers’ compensation insurance will most likely not cover your injury and you will not receive Nebraska workers’ compensation benefits.
In addition, if you develop an occupational illness because of repeated exposure to harmful conditions at your place of employment, your disease may make you eligible for workers’ compensation benefits under Nebraska workers’ compensation law. Such diseases may include lung disease, asbestosis, and radiation poisoning, among others.
Surviving dependent relatives of employees who die from injuries or illnesses connected to their occupations may also receive death benefits.
Nebraska Workers’ Compensation Benefits
When you have been injured at the work-site, or have an occupational disease, your employer’s insurance provider will pay your medical provider directly for all hospital visits, physicians’ appointments, and any other treatment required for your medical condition. In addition, the mileage costs you incur traveling back and forth from treatment for your occupational illness or injury may be reimbursed by your employer’s insurer. In the unfortunate event that an employee dies from his work-related injury or occupational disease, his surviving dependents will receive 2/3 of the deceased worker’s pre-injury average weekly wage each week until the deceased employee’s spouse remarries.
Replacement income benefits may also be available to injured or ill workers while they recover from their afflictions. There are a variety of income replacement benefits available under Nebraska workers’ compensation laws, including:
1) Temporary Total Disability Benefits (TTD): A worker will be paid 2/3 of his pre-injury average weekly wage each week while he is incapacitated by his injury or disease and cannot work during his recovery period.
2) Temporary Partial Disability Benefits (TPD): If an employee can work during his injury recovery period, but only at a reduced wage or for reduced hours, he will be paid the difference between his current wage and the wage he received before his injury or illness for 300 weeks.
3) Permanent Total Disability Benefits (PTD): If a worker’s employment injury or disease disables him and makes it impossible for him to seek gainful employment, each week he will be paid 2/3 of his average weekly wage.
4) Permanent Partial Disability Benefits (PPD): A worker will be paid PPD benefits as calculated depending on the part of the employee’s body that is permanently incapacitated (for instance, the loss of a limb or toe).
Nebraska Workers’ Compensation Statutes
View the online version of the Nebraska Revised Statutes for more information on Nebraska workers’ compensation laws, including the full text of all Nebraska workers’ compensation statutes.
Employers Subject To Workers’ Compensation: Workers’ Compensation Act, 48-115; Covered Employees: Workers’ Compensation Act, 48-115; Benefits: Workers’ Compensation Act, 48-118-134; Claims Procedure: Workers’ Compensation Act, 48-137.