In Nebraska, accidents can happen at any time, whether you are at work or simply going about your daily life. If you are injured in an accident, you have certain legal rights that include access to workers’ compensation benefits or pursuing a personal injury claim. Let’s delve into the details of both types of claims and understand what they entail.
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Workers’ Compensation Claims
Workers’ compensation is a type of insurance provided by employers to employees who suffer work-related injuries or illnesses. It provides medical expenses, wage replacement, and other benefits to employees who are injured on the job.
Who is Covered by Workers’ Compensation in Nebraska?
Nearly all employers in Nebraska are required to carry workers’ compensation insurance to cover their employees. If you are an employee who is injured on the job, you are most likely covered under your employer’s workers’ compensation insurance policy. However, independent contractors are generally not covered under workers’ compensation. Yet, depending on the circumstances, independent contractors may be entitled to workers’ compensation benefits.
What Benefits are Provided by Workers’ Compensation in Nebraska?
If you are injured while on the job, you may be entitled to the following benefits:
Medical Benefits:
This includes all reasonable and necessary medical treatment and expenses that are required as a result of a work injury. These benefits can cover things like hospitalization, doctor’s visits, medications, and medical equipment.
Wage Replacement Benefits:
This is provide by workers’ compensation to workers who are unable to work for a certain period of time due to work-related injuries. It is meant to cover loss of income as the injured employee undergoes medical treatment or until they are able to return back to work.
Vocational Rehabilitation:
These benefits are for employees who are unable to return to their original job after a work-related injury. It provides access to job training and assistance in finding new employment.
Travel and Mileage:
If medical care is needed due to a work-related injury, employees may be entitled to compensation for travel and mileage expenses.
Filing a Workers’ Compensation Claim in Nebraska
If you are injured while working, you need to report the incident to your employer immediately. Notify your supervisor, employee representative, or human resources department and provide details of the accident. The employer should provide you with information on how to file a workers’ compensation claim and obtain medical treatment as quickly as possible.
What Rights do You Have in Filing a Workers’ Compensation Claim?
As an employee who suffers a work-related injury, you have the right to:
- File a workers’ compensation claim without fear of retaliation.
- Seek medical treatment from a healthcare provider of your choice.
- Appeal any adverse decision made by the workers’ compensation insurance carrier or the employer regarding your claim.
Personal Injury Claims
Definition of Personal Injury
Personal injury is defined as any physical or mental harm caused to an individual’s body, mind, or emotions, that is not related to work. If you have been injured due to the negligence of another person, you may be entitled to file a personal injury claim.
What Kind of Damages are Compensable in Personal Injury Claims?
Compensable damages include:
Medical Expenses:
These include any medical treatment and expenses incurred due to your injury.
Lost Income:
If your injury causes you to miss work, you may be entitled to compensation for lost wages and potential future income loss.
Pain and Suffering:
This includes compensation for any physical or emotional distress caused by the injury.
Property Damage:
If your personal property is damaged due to the accident, you may be entitled to compensation for the cost of repairs or replacement.
How to File a Personal Injury Claim in Nebraska
To file a personal injury claim in Nebraska, you must do the following:
Prove Liability: You must prove that someone else or an entity was at fault for your injury.
Prove Damages: You must prove your injury caused you to suffer damages, such as medical expenses, lost wages, or pain and suffering.
File the Claim on Time: The statute of limitations for personal injury claims in Nebraska is four years from the date of the incident. After this time, you may not be able to file a claim.
Why It’s Vital to Consult with a Personal Injury Lawyer?
Insurance companies have lawyers working for them. Thus, it is advisable to consult an experienced personal injury lawyer so that you can better understand your rights, weigh your options, and make informed decisions. A proficient attorney can help you determine the right course of legal action, negotiate with insurance companies, and work to get you the compensation you deserve.
Final Thoughts
If you’re injured in Nebraska, it is essential to understand your legal rights within the framework of workers’ compensation and personal injury law. By taking these steps, you can ensure that you receive the compensation and care you need to recover from your injuries.