Atwood, Holsten, Brown, Deaver & Spier Law Firm, P.C., L.L.O.
Get A Free Consultation Now
Call 800-655-9606 Serving Nebraska from our offices in Lincoln and Omaha

Our Areas Of Practice

View Our Practice Areas

What Are My Obligations In Reporting an Accident?

Nebraska law provides that once an employee sustains an accident, he or she is required to provide notice "as soon as practicable" to the employer of the accident occurrence and injuries. What does that mean? In short, the requirement is that the employee tell the employer about his or her injury as soon as is realistic or possible. Difficult is that there are no hard and fast rules in Nebraska regarding how and when notice must be provided. Is providing notice the day after the accident considered sufficient? Yes, likely. Is waiting a week to report the accident okay? Probably. Will telling the employer 2 or 3 or more months after the accident be considered sufficient notice? Here, it will depend on the facts and the credibility of the injured worker's justification for the delay.

Neb. Rev. Stat. §48-133 specifically states:

No proceedings for compensation for an injury under the Nebraska Workers' Compensation Act shall be maintained unless a notice of the injury shall have been given to the employer as soon as practicable after the happening thereof . . . The notice shall be in writing and shall state in ordinary language the time, place, and cause of the injury. . . A notice given pursuant to this section shall not be held invalid or insufficient by reason of any inaccuracy in stating the time, place, or cause of the injury, unless it is shown that it was the intention to mislead, and the employer, or the insurance company carrying such risk, as the case may be, was in fact misled thereby. Want of such written notice shall not be a bar to proceedings under the Nebraska Workers' Compensation Act, if it be shown that the employer had notice or knowledge of the injury.

Despite the statutory language, an injured worker's claim for benefits will not be defeated for failure to provide written notice as long as the employer knew or reasonably should have known that the injured worker potentially suffered a compensable injury and the employer should investigate further. In other words, written notice is not required as long as the employer had actual or verbal notice of the accident and injury. Important for injured workers is to notify the employer as soon as possible after the accident happens and be as accurate as possible when providing the time, date and circumstances of the injury.

While lack of notice is rarely raised as a defense in workers' compensation claims, an injured worker's failure to notify his or her employer of the accident and injury can be fatal to the claim, even if the notice is provided a few months later. The justification for dismissal of an injured workers' claim due to lack of timely notice is because the purpose of the statutory notice requirement is both to allow the employer to complete a prompt investigation and to also provide immediate treatment with the goal of minimizing the injury, which cannot happen if the employer does not know of the accident and injury. See Williamson v. Werner Enterprises, Inc., 12 Neb.App. 642, 648, 682 N.W.2d 723, 728 (2004).

If you have questions regarding whether notice was provided and sufficient, feel free to call our office and ask to speak with an attorney.

  • Martindale Hubbell | AV Preeminent | Peer rated for highest level of professional excellence 2017
  • AV PeerReviewRated | For Ethical Standards And Legal Ability
  • The American Trial Lawyers Association
  • ABA - Defending Liberty Pursing justice
  • NATA

What Our Clients Say

  • The lawyers and support staff at Atwood Law Firm showed me sincere interest and caring on a very personal level, and I knew at all times my interests were front and center in all aspects of my workers' compensation case. This office is staffed by a great group of people. You can relax and be assured that your welfare comes first and foremost in their decisions and actions with respect to your legal case. You are kept aware of the process and progress in your case at all times, and your input is welcomed. I highly recommend the Atwood Law Firm to anyone needing legal assistance. - WN

  • I cannot thank you enough for the peace of mind you have brought to my family! Both of my parents are extremely grateful for your work. I knew we were in good hands from the first meeting and you have exceeded all my expectations! It may feel straightforward to you, but to us, you have moved mountains. This settlement will allow my parents, particularly my Dad, to enjoy the rest of their lives to the fullest of their abilities. We all agree that we would give every cent back and more for my Dad to walk again, but that is not going to happen... - DW

  • "...He didn't treat me like I was one of 100 clients. He treated me like I was his only client. He acted professionally but with empathy, dignity and friendliness. It didn't matter if it was something small or large, he was always there for me, be it by phone, fax, email, cellphone or meeting me personally at his office or elsewhere. He never rushed me when I didn't understand something, he'd take as much time as needed to explain things to me, especially when it came time for my deposition and in preparation for trial. He was there for me when I truly needed his help..." - CG

  • "...My husband and I felt his kindness immediately and were both very impressed with his knowledge of what to expect in a wrongful death case. He pursued our claim in an aggressive manner while at the same time being very protective of our rights and privacy and sheltered us from any unnecessary contact with insurance agents, or any other adverse parties. My husband and I cannot say enough about the kindness, professionalism and legal ability demonstrated by Atwood, Holsten, Brown, Deaver & Spier Law Firm, P.C., L.L.O." - RD

  • "...If it were not for this law firm all I would have received from this injury would have been a loss of income check and a pat on the back, goodbye. Which only would have been a fraction of what I actually received. He was always professional but more importantly he cared about me and my family as people not just a client. He went beyond his role as my lawyer. He even spoke with my bank and explained why I was behind on my car payment. And this saved me getting my car repossessed..." - HR

Client Testimonials

Get A Free Consultation Now

Please fill out the form below to contact Atwood, Holsten, Brown, Deaer & Spier for a consultation.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Email Us For A Response

Get Help Today. Call Us At 800-655-9606

Omaha Office
14301 First National Bank Parkway
Suite 100
Omaha, NE 68154

Toll Free: 800-655-9606
Phone: 402-817-2717
Fax: 402-476-4410
Map & Directions

Lincoln Office
575 Fallbrook Boulevard Suite 206
Lincoln, NE 68521

Toll Free: 800-655-9606
Phone: 402-817-2717
Fax: 402-476-4410
Lincoln Law Office Map

Atwood Holsten Brown Deaver Spier
Review Us