When a Lincoln area resident is injured on-the-job it can be a devastating blow for their family. No one can predict when they walk into work in the morning that they will face a serious workplace injury. Most of the time this doesn't occur to Nebraska residents, but occasionally a serious workplace accident does occur. What are the employer's responsibilities in these situations?
Most employers in Nebraska are required to carry workers' compensation insurance. When an employee is injured on the job, this insurance helps pay for their medical expenses and a portion of their wages while they cannot work. In order for an employee to collect workers' compensation, their injury must be work-related. This means that the injury occurred while the employee was doing work duties for their employer. An employee needs to file a claim for workers' compensation benefits. Certain employees are not eligible for workers' compensation, such as seasonal employees, domestic workers, agricultural workers and independent contractors, among others. Even if an employee is not eligible for workers' compensation, they may be able to hold the employer responsible for their injuries if there was a willful violation of safety regulations.
A workers' compensation attorney can help their clients find out if they are eligible for worker's compensation. They can review a workers' compensation claim and advise their client as to what legal rights they may have. Some job-related injuries do not show up immediately and may not be obvious until many years later. An attorney understands these complications and can help their client pursue the compensation they need.
A job-related injury can cause an employee to not be able to work for an extended period of time. This can be a stressful situation, but with worker's compensation, an employee does not need to suffer from the financial hardship of not being able to work.
Source: FindLaw, "I have a job-related injury: What are my employer's responsibilities?", accessed Sept. 10, 2017