What If My Workers’ Compensation Isn’t Enough for My Injury?

Workers’ compensation can be a financial lifeline, but often, it’s not enough. When a serious injury changes your life, partial wage replacement and basic medical coverage won’t pay the bills, cover your future care, or make up for what you’ve lost. If you were injured on the job in Omaha, let our workers’ compensation attorneys get you the compensation you deserve.

Long-term disabilities, chronic pain, or lost earning potential can leave you struggling to make ends meet even after your claim is approved. That’s when experienced Omaha workers’ compensation attorneys become invaluable, managing the legal challenges so you can focus on healing.

There are situations where you may be able to pursue additional compensation beyond your standard workers’ comp benefits, and understanding those avenues can make a huge difference for your financial future.

Why Workers’ Compensation Alone May Not Be Enough

Workers’ compensation provides basic support, not full financial recovery. It typically covers:

• Medical treatment directly related to the injury
• A percentage of lost wages while you’re unable to work
• Disability benefits if you’re left with lasting impairments

However, it does not cover pain and suffering, emotional distress, or loss of quality of life. Furthermore, wage replacement benefits often only cover about two-thirds of your regular income, which can create major financial strain, especially if you’re unable to return to work for months or years.

You may need to explore additional legal remedies for severe or life-changing injuries to get the full compensation you deserve.

When You May Be Able to Seek More Compensation

While workers’ comp is usually your exclusive remedy, meaning it’s the only way you can recover money from your employer for a work-related injury, there are several important exceptions where you may still have the right to pursue additional claims.

1. Third-Party Liability Claims

If someone other than your employer caused or contributed to your injury, you may be able to file a third-party personal injury lawsuit against that party. This is one of the most common ways workers secure additional compensation.

Examples include:

• A negligent driver causes a crash while you’re driving for work.
• A subcontractor on a job site fails to follow safety protocols and causes your injury.
• A manufacturer produces defective equipment that malfunctions and hurts you.

These third-party claims can cover damages not available under workers’ comp, including pain and suffering, emotional distress, and the full amount of lost wages and future earnings.

2. Intentional Harm by an Employer

Workers’ comp shields employers from most lawsuits, but not if they intentionally cause harm or knowingly expose workers to extreme danger.

For example, if an employer:

• Removes safety guards from machinery to speed up production
• Conceals known hazards, like toxic chemical exposure
• Physically assaults an employee

You may have grounds for a civil lawsuit outside the workers’ compensation system. These cases can lead to higher damage awards.

3. Product Liability Claims

Many workplace injuries happen because tools, machinery, or safety gear fail when needed most. If a defective product contributed to your injury, you might be able to pursue a product liability claim against the manufacturer or distributor.

These cases compensate for your injuries and can help you recover additional damages for pain and suffering, loss of enjoyment of life, and future medical care.

Workers’ Comp vs. Personal Injury Claims: What’s the Difference?

It’s essential to understand how workers’ compensation and personal injury claims differ:

Workers’ Compensation	Personal Injury Lawsuit
No need to prove fault	Must prove negligence or wrongdoing
Limited benefits (medical, partial wages)	Full damages, including pain and suffering
Quicker but capped recovery	Longer process but potentially higher payout
Usually, your only remedy against an employer	Can target third parties or intentional misconduct

While workers’ comp offers faster, guaranteed benefits, a personal injury claim can provide the full compensation you need to recover. An experienced lawyer can often simultaneously pursue workers’ comp for your basic needs and a lawsuit for everything else.

How an Omaha Workers’ Comp Attorney Can Help Maximize Your Recovery

Workers’ compensation claims are complicated, but the stakes get even higher when third-party lawsuits, product defects, or intentional misconduct get involved. That’s when an experienced workers’ compensation attorney can become invaluable, managing the legal challenges so you can focus on healing.

A skilled lawyer can:

• Investigate your accident to identify all liable parties
• Gather the evidence needed to prove negligence or misconduct
• Coordinate multiple claims without jeopardizing your workers’ comp benefits
• Negotiate with insurers and pursue litigation if necessary

Taking legal action does not mean giving up your workers’ compensation benefits. In many cases, your attorney can help you collect workers’ comp for your medical care and lost wages while filing a lawsuit for pain and suffering, future earnings, and other damages workers’ comp doesn’t cover.

Most importantly, they can help ensure you don’t leave money on the table; money you may need for future medical treatment, ongoing care, or your family’s financial security.

How Long After a Workers’ Comp Settlement Do I Get Paid?

Before any settlement money can be released, the Nebraska Workers’ Compensation Court must review and approve the agreement to ensure it is fair and complies with state law.

Once your workers’ compensation case is settled, you’re probably eager to know when the money will arrive. In most cases, payment is typically issued within 30 days after the court finalizes and approves the settlement agreement.

Don’t Settle for Less Than You Deserve

If your workers’ compensation benefits aren’t covering the full cost of your injury, you’re not alone, and you’re not without options. By exploring third-party claims, intentional harm lawsuits, or product liability cases, you may be able to recover far more than workers’ comp alone provides.

At Mueller, Schmidt, Mulholland & Cooling, we bring over 56 years of combined experience and have represented thousands of injured individuals. We secure the benefits and compensation our clients deserve.

Our attorneys understand how overwhelming the legal process can feel, which is why we guide you through every step. Contact our experienced Omaha workers’ comp attorneys for a free case review today. Your future is too important to settle for less.