Getting On Weekly Workers’ Compensation – Easier Said Than Done

An injured worker qualifies for weekly workers’ compensation benefits when they meet three requirements:

  1. 100% disabled from working verified in writing from a doctor;
  2. Under doctor’s care; and
  3. Not at maximum medical improvement.

Sometimes my clients come to me operating under the impression that once they’re disabled from working that there is something automatic about getting on weekly workers’ compensation benefits. Unfortunately, there is nothing easy or automatic about it. Insurance companies, Crete Carriers and Werner Enterprises don’t like to pay weekly workers’ compensation benefits.

After you’re hurt on the job, you must sign a medical authorization for the insurance company and give them a recorded statement. Once the insurance company has that information, they commence an investigation of your claim to determine if they will pay on a voluntary basis.

These are the follow things that can happen that may delay or even result in a denial of your claim:

  1. The medical providers are slow about sending records to the insurance company.
  2. The insurance company discovers a previous injury or claim in your medical records.
  3. You have a bad relationship with your boss and/or co-workers. Usually, when you’re hurt on the job, the boss and some of your co-workers begin to resent you – many times for no reason.

Once the insurance company completes it’s investigation, the adjuster will either deny your claim or begin to send you weekly workers’ compensation benefits. Even in the case where the insurance company ultimately accepts responsibility for your claim, the investigation can drag out. There is no real deadline for the insurance company to complete it’s investigation.

At the conclusion of the investigation, the insurance company can deny the claim and refuse to pay for weekly workers’ compensation benefits and medical care. The reality is that under Nebraska law, the insurance company doesn’t have to pay a dime on your claim until the Workers’ Compensation Court judge tells them to do so.

If you’re hurt on the job and need help, please call me at 1-888-402-4878 (HURT). The first phone call is free and no up front money is required when you hire me.

Crawford Law Offices

135 Lakewood Dr
Lincoln, NE 68510
Phone:
(402) 466-3040
Toll Free:
(888) 402-HURT
Fax:
(402) 466-3055

Our Office

Disclaimer

The material contained on this website has been prepared by Crawford Law Offices for informational purposes. The information is not intended to be and should not be considered legal advice. Use of this website does not create an attorney-client relationship between users of this site and any other party whatsoever.