Although there are limited exceptions, the Nebraska Workers' Compensation Act applies every employer in the state, including governmental agencies, employers in private industry, part time employers, employers of minors and charitable organizations. Therefore, nearly every employee in the state is covered by workers' compensation law. The few exceptions (those who are not covered by workers' compensation) are:
I received short term disability through my employer while I was out due to injury. The short term disability carrier is now they are asking for their money back out of my settlement. Can they claim that?
Maybe. This is often referred to as subrogation. It will depend on the language of the plan and the intent of the payments. Regardless, there are almost always steps that can be taken to reduce and often convince your short or long term disability carrier to reduce or waive their subrogation interest. We have saved our clients hundreds of thousands of dollars that would otherwise be taken out of their settlement by negotiating down subrogation interests.
Entry Upon an Employer's Property in Workers' Compensation Cases: What Purposes Does it Serve and Who May Attend?
An injured worker's attorney may request entry onto the employer's worksite to gather evidence pertinent to the workers' compensation claim. Access to an employer's property is permitted pursuant to Neb. Ct. R. Disc. § 6-334(a)(2), which allows for:
