Employee Rights when Injured at Work in Nebraska

If you have suffered an injury at your workplace in Omaha, you are likely feeling overwhelmed and unsure about what to do next. You may face mounting medical bills, lost wages from missed work, and uncertainty about your future. Know that you have important rights as an injured worker and that an experienced Omaha workers’ compensation lawyer can help you protect them.

When you’ve suffered an injury at work, you need the guiding hand of an experienced Omaha workers’ compensation attorney from MSMC Injury Lawyers looking out for your best interests. Call us today at (402)999-9000 for a Free Consultation* to learn more about how we can help.

Your Right to a Safe Workplace

Nebraska’s laws mandate that every employer provide their employees with a work environment that is reasonably safe and conducive to good health. Consequently, your employer is obligated to:

• Comply with all applicable safety regulations
• Provide proper safety training and equipment
• Maintain equipment and premises in a safe condition
• Address any known hazards promptly

If your employer fails to uphold these responsibilities and you suffer an injury because of that failure, you likely have a valid workers’ compensation claim.

Your Right to Workers’ Compensation Benefits

Nebraska’s workers’ compensation system provides crucial benefits to employees who suffer job-related injuries or illnesses. To qualify, you must prove that:

• You are an employee of the company
• Your injury or illness is work-related
• Your injury or illness occurred during the course and scope of your employment

Covered injuries can include traumatic accidents, repetitive stress injuries, occupational diseases, and aggravation of pre-existing conditions. In a workers’ compensation claim, fault is irrelevant, meaning you can still be eligible for benefits regardless of whether your actions played a role in the incident, with few exceptions.

Potential benefits include:

• Medical expenses for necessary treatment related to your injury
• Wage replacement payments of up to two-thirds of your average weekly wages
• Permanent partial or total disability benefits if you suffer lasting impairment
• Vocational rehabilitation services to help you return to suitable work
• Survivor death benefits for families who lose a loved one in a work-related incident

Your Right to Medical Treatment

Under Nebraska law, your employer or their workers’ compensation insurance carrier must pay for all reasonable and necessary medical treatment related to your injury. This includes:

• Doctor visits
• Hospital stays
• Surgeries
• Medications
• Medical equipment
• Travel expenses to appointments

In an emergency, you may choose your own treatment providers. In non-emergency situations, your employer should offer you the option to be treated by your family doctor. If they do not make that offer, you can select any physician. If the employer makes the offer and you have no family doctor, the employer can select a physician to treat you.

Be sure to attend all appointments and follow your doctor’s treatment plan. Failure to comply with recommended care can threaten your right to benefits.

Your Right to Disability Benefits

If your doctor determines you cannot work while recovering from your injuries, you are entitled to temporary total disability (TTD) benefits. These wage replacement payments are paid at two-thirds of your average weekly wage, up to a maximum set by state law.

TTD benefits continue until you reach maximum medical improvement (MMI) or until you can return to work, whichever comes first. If your injuries result in permanent limitations, you may then qualify for permanent partial or total disability benefits.

Your Right to Vocational Rehabilitation

If your work-related injury or illness keeps you from resuming your former job, you might qualify for vocational rehabilitation services. These services typically include:

• Evaluations to determine your capabilities and transferable skills
• Job placement assistance
• On-the-job training
• Tuition, fees, and supplies for retraining and education programs

Vocational rehabilitation aims to help you return to suitable employment that aligns with your post-injury abilities.

Your Right to Appeal a Denied Claim

Unfortunately, employers and insurers may deny your legitimate workers’ compensation claim. In the event of a denial, you can initiate an appeal by filing a Petition with the Nebraska Workers’ Compensation Court.

An experienced Omaha workers’ comp lawyer can assist you in gathering the necessary evidence to prove your claim and represent you in all court proceedings. Do not simply accept a denial as the final word.

Your Right to File a Third-Party Liability Claim

In some situations, a work injury occurs due to the negligence of a third party other than your employer. Examples may include:

• Car accidents caused by another driver while you are performing job duties
• Slip-and-falls on a poorly maintained property that you visit for work
• Injuries caused by defective equipment or toxic substances

In these cases, you may have the right to bring a third-party liability claim against the at-fault party. This is a separate legal action from your workers’ compensation claim that allows you to seek additional damages not available in workers’ comp claims, such as pain and suffering.

Your Right to Be Free from Retaliation

It is illegal for your employer to retaliate against you in any way for reporting an injury or filing a workers’ compensation claim. Unlawful retaliation can include:

• Demotion
• Pay cuts
• Reduced hours
• Reassignment to less desirable shifts or duties
• Harassment or increased scrutiny
• Wrongful termination

If your employer engages in retaliatory conduct, you can file a civil lawsuit to hold them accountable and seek reinstatement, back pay, and other compensation.

Your Right to Legal Representation

Navigating the workers’ compensation system is rarely easy. The process involves complex legal procedures, strict deadlines, and powerful insurance companies. You have the right to work with an attorney who can guide you through the process and fight for the full benefits you deserve.

Like most workers’ compensation lawyers, MSMC Injury Lawyers offers a free initial consultation and works on a contingency fee basis. That means you pay nothing upfront, and you only pay lawyer’s fees if we recover benefits for you.

How an Omaha Workers’ Compensation Lawyer Can Help

At MSMC Injury Lawyers, our dedicated team can protect your rights after a workplace injury in Omaha or the surrounding areas. We understand the profound physical, emotional, and financial toll a serious injury can take, and we are ready to provide the dedicated legal representation you need.

You do not have to face the workers’ compensation process alone. Contact MSMC Injury Lawyers today at (402)999-9000 to schedule a Free Consultation* with an Omaha workers’ compensation lawyer ready to fight for your future.