What are some of the most common workplace injuries?
Back and neck injuries affect workers in many fields. Other injuries on the job include burn injuries caused by steam, explosion, hot liquids and smoke, and loss of limbs (amputation) due to power tools.
Can I sue my employer if I was injured on the job?
In the vast majority of cases, an injured worker's remedy is limited to filing a claim under the Workers' Compensation Act. A separate negligence claim may not be filed against the employer. Most employers carry workers' compensation insurance for their employees. The workers' compensation system originated with the intent of protecting both employees and employers in the event of workplace accidents resulting in injury. On the other hand, if someone else (not your employer) was responsible, you may have a viable third-party liability claim against that negligent party. Any financial recovery from a third-party liability claim will be separate from, and above and beyond, your workers' compensation benefits.
What workers' compensation benefits am I entitled to after I have been injured on the job?
The answer to this question can be quite detailed and specific to your particular case, but in general, you can expect medical benefits and wage loss benefits, depending on which of the following the injury results in:
- Temporary total disability
- Permanent total disability
- Temporary partial disability
- Permanent partial disability of a member (a body part)
- Permanent partial disability of the body as a whole
If your husband or wife died as a result of a workplace accident, you may collect death benefits for the rest of your life or until you remarry.
Is it true that my employer's workers' compensation insurer will try to force me to see certain doctors?
Fortunately, Nebraska allows for the injured worker to choose his or her own doctor that has treated them or their family in the past. However, even when you choose your doctor, there is no guarantee that a workers' compensation insurer will agree that certain treatments are medically necessary, despite your doctor's recommendations. In addition, the employer does have the right to have someone seen by a doctor of their choice. Although these are usually called "independent medical examinations," they are rarely independent. Linscott Law can go to bat for you when needed medical treatments are in question.
Do I need an attorney to collect workers' compensation benefits?
You do not need an attorney to file a workers' compensation claim. However, a very high percentage of injured workers find the process of recovering compensation after a workplace injury to be tedious and frustrating. With a lawyer on your side, you will be able to concentrate on getting better, while leaving detailed paperwork, complex communications and any necessary appeals in the hands of an experienced professional.
Do you take workers' compensation cases to trial?
Yes. When employers or workers' compensation insurers refuse to do what the law requires, I am ready and willing to prepare to argue the case before a workers' compensation administrative law judge, an appellate judge. My track record of success in the courtroom reassures my clients of my ability to bring and win meritorious cases on behalf of injured workers.
I have a question of my own that I do not see on this FAQ page. Where should I look for answers?
Every case is unique. There is no substitute for a personalized review of the facts by an experienced lawyer. There is no cost for a conversation with Martin V. Linscott — and no obligation. Call Linscott Law in Lincoln at 402-477-4357 or send an email inquiry through this website to schedule a free initial consultation. Get the workers' compensation information you need according to the particulars of your workplace injury anywhere in Nebraska and your potential workers' compensation claim.
