Linscott Law

How workers' compensation disputes get resolved

Workers in and around Lincoln, Nebraska, rely on this state's workers' compensation system to compensate them promptly when the suffer injuries at work. For example, construction worker injuries can leave a Nebraska employee an his or her family without an income but with a lot of medical bills, meaning the family needs money quickly and without a lengthy hassle in court

Although it is always best when an employer and its insurance company just pay workers' compensation benefits promptly, sometimes there are legitimate disputes about whether and to what extent benefits are even owed. In other cases, insurance carriers or an employer may unfortunately want to drag the process out even though the injured employee has a good claim.

All disputes about workers' compensation benefits are referred to a special Nebraska court called a Workers' Compensation Court. Although this court is not subject to the same rules as a traditional Nebraska court, it has its own set of often complicated procedures and deadlines that any person who uses the court, including an employee trying to represent himself or herself, is expected to know.

It is also important to remember that while the decisions of this court are not "final" in the strictest sense, it is hard to win an appeal from this court, since the assumption is that, as workers' compensation experts, they are in the best position to understand the system and make a correct decision. There are, however, limits to the court's power. For example, they are not allowed to re-interpret the plain language of Nebraska law.

The bottom line is that a Nebraskan with a disputed claim has to make his or her hearing before the Workers' Compensation Court count, and this is often best done with the assistance of a knowledgeable and experienced Nebraska workers' compensation attorney.

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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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