Nebraska law provides several types of benefits to help you recover from injury or illness.
Types of Workers’ Compensation Benefits in Nebraska
Medical Benefits
Coverage for all “reasonable and necessary” medical, surgical, and hospital services which are required by the nature of the injury, and which will relieve pain or promote and hasten the employee’s restoration to health and employment. This can also include things such as dental work, hearing aids, glasses, and prosthetic devices. Reimbursement for mileage expenses for travel to and from medical appointments falls under the medical benefit category as well.
Indemnity Benefits
Payments intended to compensate for either temporary or permanent lost earning capacity. These are calculated based upon an injured workers’ average weekly wage (AWW). In most cases, an AWW is calculated using wage information from as much of the 26 weeks preceding the date of injury. How this is calculated may depend on a number of factors unique to an employee’s job such as overtime, per diems, changes in the character of employment (such as probationary to employee) and rate of wages (such as salary to output). It is important to work with an experienced workers’ compensation attorney to ensure your benefits are paid at the correct rate, not just the rate the insurance company decides to pay.
Temporary Total Disability Benefits (TTD)
Paid at 66 2/3% of your average weekly wage while you are unable to work during recovery. This is typically determined by a doctor’s work note. The first seven days of disability are not compensated in Nebraska unless disability continues for six weeks or longer, when the insurer must retroactively pay that first week.
Temporary Partial Disability Benefits (TPD)
Paid at 66 2/3% of the difference between the wages received at the time of the injury and the earning power of the employee thereafter. This is typically paid while an injured employee works light duty and is determined by calculating 66 2/3% of the difference between their average weekly wage and their gross wages earned while on light duty. However, the true technical measurement of disability depends on the extent of diminished earning capacity rather than current wages, which can be difficult to calculate without additional expert opinion.
Permanent Disability
This is calculated at either 66 2/3% of your average weekly wage or your hourly rate multiplied by 40 hours (if work was part-time). Compensation for permanent disability falls into three categories of injury and may be either partial or total in nature:
- Body as a whole injuries: injury to the trunk of the body such as a back, neck, head, or a hip in some situations. Compensation is payable for the loss of earning capacity sustained as a result of the injury. This is typically determined by a vocational expert and requires either permanent work restrictions or permanent impairment assigned by a doctor. If disability is partial in nature, payment does not extend beyond 300 total weeks. The calculation reduces the 300 weeks by the number of weeks paid for TTD benefits. If an injury results in permanent total disability, the injured worker is entitled to weekly benefits for life.
- Scheduled member injuries: injury to a body part such as a hand, arm, foot, leg, finger, toe, eye, or ear. After a medical expert provides their opinion on an impairment rating, Neb. Rev. Stat. § 48-121(3) provides the schedule of weeks payable for the loss of each body part. For example, the total loss (amputation) of an upper extremity is compensated with 225 weeks of benefits. A 10% impairment rating to the upper extremity equates to 10% loss of use, compensated with 22.5 weeks of benefits.
- Multiple member injuries: one accident causing injury to multiple body parts, i.e., an arm and a leg. An employee who injures multiple scheduled members may be entitled to permanent benefits based on a loss of earning capacity rather than the schedule, if the combined effects of the injuries result in a loss of earning power in excess of 30%. The loss of multiple parts of the same arm or leg does not qualify — i.e., multiple fingers on the same hand, the foot and toes, etc.
Death Benefits
If a worker dies as a result of his or her work injury, the surviving dependent spouse is entitled to weekly compensation benefits for life or until remarriage at a rate of 66 2/3% of the worker’s average weekly wage at the time of death. Upon remarriage, the surviving spouse receives a lump sum of two years of benefits. Dependents such as children or other family members, if actually dependent, may also be entitled to weekly benefits.
The reasonable expenses of burial, up to a maximum rate, shall be paid regardless of whether there are any actual dependents. The current maximum rate is $12,200.00.
Vocational Rehabilitation
If, as a result of the injuries, an injured employee is unable to perform suitable work for which they have previous training or experience, they are entitled to services such as job placement or training. The injured employee is only entitled to what may be reasonably necessary to restore them to suitable employment, so this may range from help writing a resume or filling out job applications up to something like a 4-year college degree, depending on pre-accident wages. Suitable employment means something similar in wages to that earned prior to the injury that the injured employee is qualified to perform. The insurer/employer must pay temporary total disability benefits during the vocational program. Other expenses related to school tuition, books, mileage, and lodging may be paid by the state.
Benefit Payments and the Critical Importance of the Two-Year Statute of Limitations
One of the most dangerous traps for injured workers is Neb. Rev. Stat. § 48-137. In Nebraska, all claims are barred unless the claim is settled or a petition is filed with the court within two years of the date of the accident or the last payment of compensation made by the employer/insurer. If payments are made, the statute begins to run the last time the injured employee or a medical provider providing a benefit to the injured employee receives payment. There are other exceptions to the rule, but if you wait too long, even a valid and severe injury claim can be permanently denied.
Why You Need Liberty Law Group
The Nebraska Workers’ Compensation Court is a specialized environment with its own judges and procedural rules. Your employer and their insurance company have an attorney or a team of attorneys advising them. If your benefits have been cut off, your initial claim was denied, or you want to ensure your rights are protected, you need an advocate who understands the complexities of Nebraska workers’ compensation law.
Injured at work? Get a free case evaluation. Call Liberty Law Group today or contact us online.
