What Makes a Valid Workers' Comp Claim?
Workers' compensation is a form of insurance providing wage replacement and payment of medical bills for workers injured in the course and scope of their employment. Workers compensation is a compromise that has been worked out between employers, injured workers and the health care system to care for worker injuries in exchange for that injured workers’ mandatory relinquishment of his or her right to sue an employer even when the injury is the fault of that employer or a dangerous work environment.
Simply, if you have been injured due to your job, you may be eligible for benefits under worker’s compensation. However, as soon as the incident has occurred, you must report your injury to your employer. If you do not report it as soon as possible, you could lose your ability to receive a worker’s compensation benefit. After it’s been reported, your employer and your employer’s insurance company must report the injury to Nebraska’s worker’s compensation court who theoretically is charged with monitoring that injured worker’s recovery. If the employer or their insurance company doesn’t follow the Nebraska’s workers’ compensation laws, an injured worker can hire a lawyer and sue his employer and their insurance company for the benefits they deserve.
The main benefits an injured worker may receive from the workers’ compensation system are Medical Expenses, Temporary Total Disability (TTD) compensation or pay, Permanent Partial Disability (PPD) compensation or pay and potential vocational rehabilitation or retraining if the injured worker is never able to return to their original job. If your life has been altered in any way due to your work injury, you are entitled to some form of worker’s compensation. The type of benefits and amount you receive is determined on the type of injury you have sustained.
Why Would You Need an Attorney For a Workers’ Compensation Injury?
Your employer or employer’s insurance company denies workers compensation paid medical care.
You are in need of surgery due to your work injury.
- Your health will never be as strong as it was before your injury or disease.
- Working regularly at the same job you had before is impossible for you.
- You had a preexisting disability that is not being taken into account with your worker’s compensation.
- You disagree with the decision made by your employer’s insurance company, your state's workers' comp division, or your employer.
- You don’t believe the benefits you are receiving are the right ones for your situation, or you believe you are eligible for additional benefits.
- Your employer is not following through on the decision that the state workers' comp department / division made.
- You would like to have a professional walk you through the worker’s compensation process to make sure you are receiving the best care.
If you or a loved one has been injured on the job related to working, and your employer will not extend you worker’s compensation benefits, contact Rich Hitz at Carlson & Burnett. Rich has specific experience representing victims and families who have been harmed by negligence on the job that resulted in injury or sickness. If you would like to discuss your case or want more information, please contact our offices for a free confidential consultation.