A workplace injury can not only cause serious pain, but also lost income from time spent in recovery, lost earning potential due to disability and inability to continue working, and financial strain from medical expenses. If you recently suffered a workplace injury in the Lincoln, NE area and are unsure what to do next, contact Parsley Law Office today for a free consultation, and we can let you know how our firm can assist you with your workplace injury claim.
If you were injured on the job, or if a member of your family died because of an accident or illness caused by some condition in the workplace, you are not alone. Consider these statistics:
Nebraska Workers’ Comp Requirements: Nebraska state law requires employers to carry workers’ compensation insurance for employees who are injured or contract an occupational illness on the job. Employers have to carry workers’ compensation insurance for full-time, part-time, seasonal, temporary, and minor employees. Companies do not have to provide this coverage to independent contractors. They are responsible for their own benefits.
Who is Covered?Nebraska’s Workers’ Compensation Act applies to the whole state. Almost every employee in Nebraska is covered by this law but here are a few groups that are not. They are:
If you were injured on the job, or if a member of your family died because of an accident or illness caused by some condition in the workplace, you are not alone. Consider these statistics:
- In the United States, around 23,000 workers are injured and 5000 die every day from injuries that occurred on the job. That means that altogether about 8.5 million Americans suffer job-related injuries annually.
- When you add to the fatal injuries number of fatalities caused by work-related illnesses, the total number of deaths totals 53,000 each year.
- More people die in this country because of work-related injuries and diseases than are killed in car accidents
Nebraska Workers’ Comp Requirements: Nebraska state law requires employers to carry workers’ compensation insurance for employees who are injured or contract an occupational illness on the job. Employers have to carry workers’ compensation insurance for full-time, part-time, seasonal, temporary, and minor employees. Companies do not have to provide this coverage to independent contractors. They are responsible for their own benefits.
Who is Covered?Nebraska’s Workers’ Compensation Act applies to the whole state. Almost every employee in Nebraska is covered by this law but here are a few groups that are not. They are:
- Federal employees, railroad employees, independent contractors, and most volunteers.
- Domestic servants or agricultural laborers.
- Individuals who are self-employed, sole proprietors, partners, or limited liability company members.
- Company officers who own more than 25% of the company’s stock.
- Executive officers who work at non-profit corporations and make less than $1,000/year.
- To receive Nebraska workers’ compensation benefits, the following must be true:
- The injury or disease was a direct result of and occurred during employment.
- The injury or disease was not a result of the employee’s willful negligence and the employment was typical of the employer’s trade, business, profession, or occupation AND the injury occurred in Nebraska;
- OR the employment was principally in Nebraska, whether or not the injury occurred in Nebraska;
- OR the contract to hire was done in Nebraska and the employer was engaged in Nebraska, regardless of where the injury occurred.
- Wage-Loss: If the injury or illness affects the employee’s ability to work, they will be paid wage loss benefits. These are broken down into total disability or partial disability benefits and depend on the unique situation.
- Medical: When an employee is injured on the job, the employer is responsible for all “reasonable” medical expenses including hospital bills, crutches or wheelchairs, prescriptions, prosthetics, and, in some cases, travel expenses.
- Permanent Partial Loss of Member: These benefits are paid when an employee loses use of or completely loses a body part. Compensation is typically 2/3 of the employee’s salary multiplied by a set number that is determined by the body part affected.
- Permanent Partial to the Body as a Whole: An employee will receive these benefits if there is permanent loss or impairment to the whole body. Wages are 2/3 of your salary times the percentage of the disability that was incurred.
- Temporary Partial Benefits: This benefit is applicable when the employee can work but not in the same capacity as before. Benefits are calculated by finding 2/3 of the difference between former wages and current rate of pay and can be paid to the employee for up to 300 weeks.
- Vocational Rehab: This gives the employee a chance to be re-trained in their former job with their disability or be trained for a new job that is more suitable for their circumstances.
- Death: If the injury results in the employee’s wrongful death, the surviving spouse will receive 2/3 of their former salary until he/she gets remarried. Surviving children will also be entitled to a death benefit. The family could be entitled to $6,000 for funeral expenses.