Linscott Law

A closer look at Nebraska's workers' compensation system

Whether you report to a construction site, warehouse, loading dock or trucking yard each morning, chances are good that the very last thing on your mind heading into each workday is the possibility of suffering some manner of serious work injury. Indeed, there are structures to build, pallets to load and delivery schedules to meet.

However, what if the unexpected does happen and you suddenly find yourself unable to work owing to a serious workplace accident? While you will naturally have concerns about things like paying for your sudden influx of medical expenses, you will likely also have even greater concerns about your imminent lost wages and the potential financial ramifications for your family. 

As alarming as this situation can be, injured workers can take some much-needed comfort from the fact that they are protected under the Nebraska Workers' Compensation Act.

For those unfamiliar with this landmark law, it essentially declares that injured workers are entitled to workers' compensation benefits, which are paid out under the work comp insurance carried by their employer, under the following circumstances:

  • The injury in question was the direct cause of an accident or disease arising out of and in the course of their employment;
  • They did not act with willful negligence at the time the injury was sustained;
  • The employment during which the injury was suffered was in keeping with the normal course of trade, profession, business or occupation of the employer; and
  • The injury was sustained in Nebraska, the employer was performing work in Nebraska, the employment was principally organized in the state (regardless of where the injury occurred), or the employment contract was executed in Nebraska and the employer was engaged in business in Nebraska (regardless of where the injury occurred).  

This naturally begs the question as to which type of employers are legally required to carry work comp insurance here in the Cornhusker State, something we'll examine in a future post.

In the meantime, if you work in any sort of industrial sector, and have suffered a serious injury that has left you with more questions than answers about work comp benefits, consider speaking with a skilled legal professional to learn more about your rights and your options. 

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Martin V. Linscott, Attorney at Law, P.C.

Linscott Law
5700 Seward Ave.
Lincoln, NE 68507

Phone: 402-477-4357
Fax: 402-477-4366
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