Workers’ Comp Tip Sheet

nebraska-workers-compensation

What You Need to Know About Workers’ Compensation

If you have been hurt on the job, you are, (or will be) dealing with an experienced insurance adjuster. Workers’ compensation law is complicated, technical and full of traps for the unknowing. Knowledge is power!

Crawford Law Offices, has been representing injured workers in Nebraska since 1986. We will represent you on a contingency fee basis. This means that there is no attorney’s fee unless we recover money or benefits for you.

If you are injured on the job, here are some things you need to do:

  1. Report the accident to your employer as soon as possible.
  2. Write down how the accident happened while it is still fresh in your mind.
  3. See your doctor as soon as possible and tell him or her that you were injured.
  4. Do not sign any documents from the employer or the insurance company without talking to an attorney about it first. You may be signing away some important rights.
  5. Call an experienced workers’ compensation lawyer.

You should have the help of an experienced workers’ compensation attorney. We do not charge for phone or office consultations. Call us toll-free at 1-888-272-2978 or e-mail us to make an appointment. We urge you to call today with your questions and concerns.

Additional Tips for Dealing With Workers’ Compensation Cases

  1. There are two ways to get money from the Workers’ Compensation insurance company. The first way is if the doctor puts it in writing that you are disabled from working. If the doctor puts in writing that you are disabled from working you can collect 2/3 of your wages during the period of time that the disability is verified in writing by the doctor(s). Please be aware that under Nebraska Law, the first week for the employer and the insurance company is a free one. The way that the law is written, they do not have to pay you for the first week of disability. However, if you are off work for 6 weeks in a row, the insurance company will then be required to pay for the first week.
  2. The second way to get money from Workers’ Compensation is if the doctor(s) gives you a disability or impairment rating. That usually will not occur until the end of all your treatment. Normally, a doctor can not give you a disability rating until you go through at least 6 months of continuous treatment.
  3. The insurance company is required to pay all medical bills that are considered reasonable and necessary for your treatment. The insurance company is only obligated to pay for a new doctor if you are referred to the new doctor by an existing doctor. The insurance company has no obligation to pay for a doctor that you choose yourself or if a friend or family member makes the referral to that doctor. The referral to the new doctor(s) or health care provider must come from the original treating doctor or a new doctor selected by the original treating doctor.
  4. Please follow all the doctor’s advice and instructions on treatment. I can not prove that you are hurt unless you see the doctor.
  5. Please advise me on any new doctor(s) or medical provider(s) that you may see.
  6. If the doctor releases you to return to work on a light duty basis, the employer must either create a light duty job for you or continue to pay the workers’ compensation. Most employers will create a light duty job for you in order to get out of the obligation of paying weekly workers’ compensation.
  7. If you are released to return to work on a light duty basis, please attempt to perform any light duty job created for you by the employer. If you do not, you may be terminated. You will then be in the unhappy position of attempting to find a job with a new employer with a series of restrictions on your activities. Your chances of finding a job with a series of restrictions imposed upon you are not very good.
  8. If you are terminated from the job by your employer, your claim does not come to an end. The workers’ compensation insurance company and the employer must continue to pay you any weekly workers’ compensation benefits that you are owed and any reasonable necessary medical expenses. If the employer terminates you or lays you off, you still have a case.
  9. Under Nebraska Law, the employer is allowed to lay you off or terminate you. They do not have a legal obligation to hold your job open until you return to work. However, in any event, you still have a case even if the employer lays you off.
  10. Workers’ Compensation laws do not protect your health insurance benefits from your employer. If your employer wants to stop paying on your health insurance premiums, they are allowed to do so under Nebraska Law. Workers’ Compensation only dictates what benefits you can collect if you are hurt and what medical bills have to be paid if you are hurt.
  11. Please keep in mind that the insurance company at any time can deny your claim or fight your claim. The employer is not obligated to pay anything until the Workers’ Compensation Court tells them to pay you. Under Nebraska Law, the employer and its insurance company are allowed to fight your claim at any time.

Please contact me if you have any other questions or comments about your case.

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.