Duties of the Employer After a Workplace Injury

Most employers in Nebraska must purchase workers’ compensation insurance. If workers sustain on-the-job injuries, their employer’s workers’ comp insurance should cover medical bills and provide partial wage replacement if the injury prevents them from working.

Purchasing workers’ comp insurance isn’t an employer’s only duty in Nebraska. Employers also have certain duties they must fulfill after workers are injured. Both employers and workers need to be aware of these duties. Injured workers need to be familiar with their rights in these circumstances.

An Omaha, Nebraska, workers’ compensation lawyer from Mueller, Schmidt, Mulholland & Cooling can answer your questions about the process. We can also provide the representation you need when seeking benefits. Contact us today at (402)999-9000 to learn more.

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What to Do After a Workplace Injury in Nebraska

• Notify your employer of your injury.
• Seek medical treatment for any issues requiring urgent attention. When receiving treatment, inform the doctor that yours is a work-related injury.

Your employer should start the workers’ compensation claim process. You have no responsibility to initiate the process. However, you may want to monitor your employer’s actions after a workplace injury to confirm they’re taking the proper steps.

What an Employer Must Do After a Worker Reports an Injury in Nebraska

An employer should notify their workers’ compensation insurer upon learning of an employee’s workplace injury. The employer must then file a First Report of Alleged Occupational Injury or Illness with the Nebraska Workers’ Compensation Court (WCC) within 10 days of learning of the injury.

Does an Employer Choose an Injured Worker’s Physician in Nebraska?

An employer can inform an employee of their right to receive care from their regular doctor who has maintained their medical records. Employees can choose their own physicians when an employer informs them of this right. Employees can seek care from any physicians they wish if their employer doesn’t inform them of their right to receive treatment from their family doctor.

Employers can choose which doctors employees see after informing employees of their rights when employees don’t have family physicians. If an employee’s injury involves dismemberment and they must undergo a major surgical operation, the employee may choose their own surgeon.

Does an Employer Pay Medical Bills Directly in Nebraska?

Employers may only pay the medical bills of injured workers directly when they self-insure in Nebraska. The law requires employers to receive approval from the WCC to self-insure. If an employer were to pay an employee’s medical bills directly, it could be interpreted as an attempt to self-insure without receiving the necessary approval.

Confirm the Employer Notified the Court

If you’ve been injured at work, you shouldn’t be responsible for making sure your employer has filed a First Report of Alleged Occupational Injury or Illness with the WCC. However, you may contact the court to find out if the notice was filed in a timely manner.

An Employer Has a Duty to Treat Employees Fairly After Workplace Injuries

Your employer can’t retaliate against you for filing a workers’ compensation claim. Ways in which an employer might engage in illegal retaliation include:

• Firing you
• Not offering promotions or raises you’ve earned
• Not allowing you to participate in professional development activities and opportunities
• Disciplining you more harshly than other employees
• Assigning you unpleasant hours, tasks, or both, perhaps in an attempt to get you to quit
• Otherwise mistreating you for seeking workers’ compensation benefits

If you believe you were fired or otherwise retaliated against because you filed a worker’s compensation claim, you should contact a skilled workers’ comp attorney right away to preserve your rights.

An Employer’s Duties During the Workers’ Compensation Claims Process

The employer’s initial duties are to turn in the employee’s claim to the insurer and to advise the employee about their ability to see their family doctor. After that, they’re not required to, but may, check with the WCC to be sure that the claim was filed.

Insurance company investigators may contact an employer with questions while a workers’ comp case is pending. The employer should respond promptly. The claims process may run more efficiently if an employer cooperates with all parties.

The employer cannot fire an employee for filing a workers’ comp claim. If it’s possible to do so, the employer can provide work that accommodates an injured worker’s light duty restrictions when they are able to return to work.

What Happens If an Employer Doesn’t Offer Workers’ Comp in Nebraska?

An employer who is required by law to offer workers’ compensation coverage may face various penalties if they fail to do so. Potential penalties include:

• A civil fine of up to $1,000 for every violation. Each day without necessary coverage counts as a separate violation. In other words, an employer may be fined up to $1,000 for every day they don’t have coverage.
• Up to a year in prison, a $1,000 fine, or both in cases involving criminal charges.

The law may also prohibit an employer from doing business in Nebraska until they comply with workers’ compensation requirements. Upon purchasing workers’ compensation coverage, employers should post notifications at all work sites indicating compliance with the law.

Workers’ compensation insurance protects both employees and employers. If an employee has the option to seek workers’ comp benefits, they can’t sue their employer for workplace injuries because workers’ compensation is an exclusive remedy in Nebraska. Employees have the option to sue their employer if they don’t provide workers’ comp insurance. Thus, a lawsuit is another “penalty” an employer may face if they don’t purchase insurance.

Contact an Omaha, Nebraska, Workers’ Compensation Lawyer

Dealing with the claims process after a workplace accident can be challenging if you lack experience in these areas. You might not know what your responsibilities are and what your employer’s responsibilities are.

You don’t have to seek workers’ compensation benefits alone. At Mueller, Schmidt, Mulholland & Cooling, an Omaha, Nebraska, workers’ compensation lawyer is available to offer professional representation. Learn more about what we can do by contacting us online or calling (402)999-9000 for a free case review today.