Nebraska Workers' Compensation: Fast Facts
Coverage Requirements Under Nebraska State Law
Most Nebraska businesses with at least one employee must have workers' compensation insurance. However, there are always some exceptions - see our list of automatically exempt workers that don't have coverage below.
Work-Related Injury or Illness Reporting Requirements
Notify your employer about your work-related illness or injury as soon as possible if you need emergency medical care first. Your employer must then report the incident to their insurance carrier within 10 days. Be sure to report it before you seek ongoing medical treatment, or you may have to pay those bills yourself.
Where to Seek Medical Care
You can see any doctor who's treated you before, but your employer has the right to request an independent medical exam. If you do not currently have a regular primary care physician, your employer may choose your workers' comp doctor. Be sure to give your employer your treating physician's name and contact info when reporting your job-related injury or illness.
Waiting Period for Lost-Wage Benefits in Nebraska
Your first 7 days off work are always unpaid unless you're out for at least 14 days total due to your incident. On day 15, you'll qualify for lost-wage benefits for your first 5 unpaid days off. If you don't need at least 5 days off work, workers' compensation only pays for medical expenses.
Nebraska Workers' Compensation Statute of Limitations
You have two years from your job injury or illness diagnosis date to file your Nebraska workers' compensation claim.
Nebraska Weekly Compensation Rate
You can receive 66 2/3% of your gross average weekly wage, subject to the state's maximum and minimum benefit amounts.
How Long You Can Receive Nebraska Workers' Comp Benefits
- Medical benefits: unlimited
- Death benefits: $11,300 for funeral and burial expenses (note: this amount changes every year) plus TTD payments for up to 325 weeks or until surviving spouse remarries
- Temporary Total Disability (TTD): duration of disability or until you go back to work
- Permanent Partial Disability (PPD): for no more than 300 weeks, and with certain restrictions based on whether it's a percentage of the body as a whole or loss of a specific body part
- Temporary Partial Disability (TPD): 2/3 the difference between your pre-injury and post-injury AWW for no more than 300 weeks
- Permanent Total Disability (PTD): duration of disability or until you negotiate a lump-sum settlement
Nebraska Workers' Comp Coverage Exemptions
The following employees are automatically exempt from Nebraska workers' comp coverage:
- Certain agricultural workers
- Domestic workers in private residences
- Federal employees
- Independent contractors
- Railroad workers
- Volunteers
Nebraska Workers' Compensation Attorney Fees
All Nebraska workers' compensation attorneys work on contingency. This means you only pay legal fees for a successful case. If you don't win, then you owe your workers' comp attorney $0. State law says attorneys can only charge “reasonable” fees, generally equal to 20%-25% of your final award.