If an injured worker, employer, or insurer is looking to determine which insurance carrier provided coverage during a certain time period, this information may be accessed on the Nebraska Workers’ Compensation Court’s website using the “Coverage Lookup” tab. The party seeking the information will need the Employer Name and/or Federal Employer Identification Number and the coverage/injury/illness date.
Pursuant to Neb. Rev. Stat. 48-144.02, any insurance carrier providing workers’ compensation coverage shall file a report with the Nebraska Workers’ Compensation Court providing coverage information. This is where the information in the “Coverage Lookup” comes from. Pursuant to Neb. Rev. Stat. 48-144.03 (2), no cancellation of a workers’ compensation insurance policy within the policy period shall be effective unless notice of the cancellation is given by the workers’ compensation insurer to th e Nebraska Workers’ Compensation Court and to the employer. A recent trial level case, Greenwood v. J.J. Hooligan’s, LLC, F/K/A Pies & Pints, LLC and FirstComp Ins. Co. (Doc. 2016 No. 0939), involved a situation in which an alleged injury occurred during the policy period but the policy had been cancelled due to the employer’s failure to timely pay policy premiums. A representative of the insurer signed an affidavit that notice of cancellation of the policy was sent to the employer and to the Nebraska Workers’ Compensation Court as required by statute. Additionally, the Nebraska Workers’ Compensation Court had knowledge of the cancellation and no coverage was shown on the “Coverage Lookup”. The Court held that the evidence supported that the notice of cancellation was sent and effective on the date of injury.
As shown in the Greenwood case, despite the language of the Nebraska Worker’ Compensation Act, coverage questions arise in workers’ compensation claims. The law is complicated and obtaining the advice of an experienced workers’ compensation attorney can help assess potential hurdles in a claim from the outset.