Last year, over 42,000 injury claims were filed in Nebraska. Many of these claims involved serious personal injuries that resulted in permanent disability.

If you get hurt on the job, your employer is required to pay you workers’ compensation benefits. However, it is YOUR responsibility to show that you were working at the time of the injury or illness and that the injury or illness was caused by work. If those requirements are met, you may be entitled to:

 

Workers compensation claims are more common in some industries than others.  Some of the most common jobs with workers compensation are in the following industries.

Read on for information about what to do if you are injured on the job, possible pitfalls in the Nebraska workers’ compensation system, and how Putnam Law Offices can help you. These tips only scratch the surface of your possible options and obstacles regarding workers’ compensation; it is your duty to get yourself informed and protected as soon as possible.

Note: the following is general information about Nebraska workers’ compensation injury claims and should not be construed as legal advice. You should always contact an injury attorney to discuss your particular claim under Nebraska law.

If You Are Injured

Report Your Injury

Report your work injury right away! Tell your supervisor and ask him or her to fill out a “First Report of Alleged Occupational Injury or Illness.” Do not leave work without first reporting the injury. Many times, employers will not make a record of a work injury until well after the date of the accident. The lack of a record can hurt your claim, and insurance companies and their lawyers will use this against you.

Sometimes a supervisor will pressure an employee to hold off on filling out any type of injury report. Some supervisors actually receive bonuses for “injury-free days.” This is a mistake. If you are getting hassled about filling out a report, you should call a workers’ compensation attorney immediately.

Gather Information

Write down the names of anyone who witnessed your work injury and document the location of the incident. Save and document any potentially dangerous or defective products that were involved in the injury; you may be able to bring a separate claim against the manufacturer or distributor of that product.

Medical Treatment

If you are injured at work, it is important that you seek medical treatment as soon as possible – not only for your own well-being, but also to get medical authority on your side. If you delay treatment, an insurance company can use that against you by trying to argue that you didn’t get hurt at work. The bottom line: the sooner you seek medical attention and make a record of your injuries and treatments, the better.

If you receive recommendations for medical treatment, follow through with the treatment. If the insurance company will not authorize certain treatment or wants you to submit to a medical exam for a second opinion, call Putnam Law Offices immediately. Frequently, this is the point in time where the insurance company is preparing to deny your injury claim.

Choose Your Own Doctor

Nebraska workers’ compensation laws contain specific rules about which doctors you can see. You have the right to select a doctor who you (or an immediate family member) have seen before. If you do not have a previously seen doctor, your employer may have the option to choose a doctor for you. Frequently, an employer will not tell you about the right to choose your own doctor and will simply send you to a company doctor.

Seeing a company or insurance doctor can seriously affect your claim. Company/insurance doctors may disagree with the treatment you are receiving or the recommendations of your primary treating doctor, which could give the insurance company a reason to deny your claim.

Additionally, if your physician recommends a referral to a specialist, do not let the employer or the insurance company select the specialist. If you get a call from an insurance adjuster or nurse case manager telling you to see another doctor, call a workers’ compensation attorney immediately.

Always tell your doctor exactly how the work injury happened. Describe in detail when, where, and how. The doctor will document this information along with your condition and treatment options. You need this record to help your claim. Improper, delayed, or incomplete injury reports may be used against you by insurance companies to deny your claim.

No matter how minor your injuries or symptoms following a work injury may seem, always report ALL symptoms to your doctor. If your neck AND back hurt, tell your doctor about both. The simplest way to ensure complete reporting is to work from your head to your toes, noting every feeling and symptom. However, this does not mean to exaggerate your symptoms. Be practical and direct when you are creating a record of your injuries.

 

Adjusters & Nurse Case Managers

Always be careful when you talk to insurance adjusters or nurse case managers. Remember that they work for an insurance company – not for you. You may come across workers’ compensation adjusters who may, among other things, delay or deny medical treatment or attempt to control which doctor you see. Adjusters may also delay or deny payments to you if you miss work. If this occurs, you should immediately call our office to determine if these actions are against Nebraska law.

You have a duty to cooperate with adjusters and medical providers. Always be polite when talking to an adjuster or nurse; if you do not cooperate, you may lose your benefits. But remember, it is your duty to find out what laws apply and whether your employer and insurance company are providing the proper injury benefits. Do not expect the insurance company adjuster to tell you about your compensation rights.
As your attorney, I will make sure that you get the best possible treatment under Nebraska law. I will also make sure that all of your medical expenses are properly paid. Call for a free consultation to discuss your particular case. There’s no obligation.

 

Recorded Statements

Always talk to an attorney before you give a recorded statement. Insurance adjusters frequently meet with insurance industry lawyers to discuss how to take statements in an attempt to make the claim appear in the best light for the company. By allowing a recorded statement, you may be giving the insurance company ammunition to deny your claim – without you even knowing it. If you already have a recorded statement scheduled, you should call a personal injury attorney immediately.

 

Temporary & Permanent Injuries

Frequently, work injuries will require you to miss work. This period of time is called “temporary total disability.” It is your responsibility to obtain off-work restrictions from your treating doctor. Without a doctor’s written authorization, you may not be able to claim that you are due benefits from the insurance company.

If you suffer a permanent injury at work, you are entitled to benefits called “permanent partial disability payments” under Nebraska workers’ compensation law. Whether it’s a traumatic brain injury or a serious spinal injury, you must be able to prove that your injuries are permanent and the result of a workplace accident or condition. Insurance companies can easily deny or underpay claims for permanent injuries if you don’t have a workers’ compensation attorney. You should talk to a personal injury attorney to properly evaluate a workers’ compensation claim. Putnam Law has years of experience in dealing with these issues and making sure that you receive the maximum benefits under the Nebraska law.

 

Return to Work

Doctors usually send injured employees back to work under “light duty” restrictions. Light duty work is a frequent source of tension between the employee and supervisors. Supervisors may pressure employees into violating medical restrictions; many employees will give in to that pressure in order to avoid getting fired. If you ever lose your job after a work accident, you should call an attorney immediately. Nebraska law does not allow an employer to fire an employee for filing an injury claim. You should talk to a workers’ compensation lawyer to better understand your particular situation.

 

Vocational Rehabilitation Benefits

If you are unable to return to suitable employment because of a work injury, you may be entitled to vocational rehabilitation benefits under Nebraska law. These benefits can be as simple as job placement assistance or as big as continuing education. An approved vocational rehabilitation plan will pay benefits to you while you are in the plan, as well as tuition, books, and mileage to and from school.

You must prove that your injuries are permanent and that you are unable to find suitable employment before you are eligible to participate in a vocational plan. Putnam Law has extensive experience in coordinating and compelling vocational plans.

 

Call Me

I speak with people every day about workplace accidents and injuries. Some people do not need an attorney, but just need to have a couple of questions answered. Call Putnam Law for a personal and confidential discussion regarding your rights. There is absolutely no fee or obligation.

I will spell out exactly what your rights are, what your options are, and what course of action is right for your circumstances. To protect your rights, contact Jeffrey F. Putnam directly:

Phone: 402-505-3555
Toll Free: 866-204-2228
Email Me