Nebraska Workers’ Compensation Benefits: How to Apply

Important: We updated this article in January 2023 in order to include the most current, verified data available. If you were injured or got sick on the job in the Cornhusker State, you need to focus on getting better, not stressing about your claim. Most Nebraska workers’ compensation cases are handled at the state level. Here’s the information you need to understand the process and get the benefits you’re entitled to.

Am I Eligible for Nebraska Workers’ Compensation Benefits?

According to the Nebraska Department of Administrative Services, workers’ compensation insurance is mandatory for all employers with at least one employee. Volunteers, independent contractors, and federal or railroad employees are exempt from coverage.

Pro Tip: Consider hiring a skilled workers’ comp attorney if you have preexisting conditions or repetitive motion injuries since your case may be harder to prove.  Learn more about how to qualify for workers’ comp benefits.

How Do I File a Nebraska Workers’ Compensation Claim?

If your workplace injury or illness requires emergency or urgent care, seek treatment immediately. Pro Tip: Tell them your injury or illness is work-related and keep your receipts and bills.

While every case is different, follow these steps to file your Nebraska workers’ compensation claim:

1. Report your injury or illness to your supervisor as soon as possible. You must tell either your supervisor or HR about the incident within 24 hours to start your claim. Your employer must file a First Report of Alleged Occupational Injury or Illness within 10 days. Pro Tip: Get a copy of this form for your records.
2. Find a doctor for ongoing care of your workplace injury or illness. The Nebraska workers’ comp program has strict rules about choosing healthcare providers, which you can read here: Choosing a Doctor for a Work-Related Injury – Rule 50. At your first appointment, tell them your injury happened at work.
3. Wait for a decision. Your employer’s insurance company will either approve or deny your claim within 30 days. If approved, then you can expect your first lost wages check to arrive in 30 days or less.
4. Dispute a denial. You have two options when your claim is denied. You can request formal dispute resolution from the Nebraska Workers’ Compensation office within two years of your injury or illness date. Or a workers’ compensation attorney can file a legal petition on your behalf, suing your employer for lost wages and medical expenses. Pro Tip: Learn more about hiring a lawyer to help with your case.

Read more about the Nebraska workers’ compensation claims process at the state’s Frequently Asked Questions page.

What Else Should I Know About Nebraska Workers’ Compensation?

The Bureau of Labor Statistics analyzes workers’ comp data on most U.S. states and territories COVID-19 influenced case volume since many people weren’t working. The total number of recordable cases in the Cornhusker State decreased from 24,800 in 2018 to 22,400 in 2021. This was mostly thanks to a downturn in service industry cases, which dropped from 14,800 to 12,700 during the same period. The number of employees who missed work, transferred or received restrictions also decreased from a high of 12,700 in 2020 to 11,500 in 2021.

Get more info about workers’ comp coverage here.

Do I Qualify for Legal Assistance?

Navigating the Nebraska workers’ compensation system shouldn’t make you feel worse. You may want to hire an experienced attorney to help you get benefits faster. Your lawyer can negotiate with insurers, gather medical evidence and documentation to support your claim, and represent you at appeals hearings.

Pro Tip: Workers’ comp attorneys charge $0 unless you win a case settlement. If your case is successful, then you only pay a reasonable, one-time fee.

Ready to see if you may qualify? Click the button below to start your free online benefits evaluation now:

Get Your Free Benefits Evaluation