Workers’ Compensation

Yes! Key steps are required to ensure your settlement will not count as income to affect your entitlement to governmental benefits. Steps such as a special needs trust, negotiations with governmental entities, repayment of conditional payments and specific language in...

In Nebraska, Rule 5 provides that "The court shall appoint an interpreter in any legal proceeding in order to assist a person who cannot readily understand or communicate the English or spoken language." Once a claimant formally requests an interpreter at a hearing,...

The Nebraska Workers' Compensation Act allows for penalties, or even possible imprisonment, for employers who fail to provide workers' compensation coverage for their employees. If the employer is found to have failed to purchase workers' compensation insurance, is...

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...

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...

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:[E]ntry upon...

In Nebraska, a "First Report of Alleged Occupational Injury or Illness" form ("First Report" for short) is used for many things. If you are hurt at work and require medical treatment other than first aid, are restricted from your normal work duties, and/or miss work,...

Possibly. In Nebraska workers' compensation claims, benefits may be denied to an injured worker if they were willfully negligent at the time of the injury. Neb. Rev. Stats. 48-102, 48-107, and 48-151(7). Willful negligence consists of (a) a deliberate act, (b) such...

Employers and workers' compensation insurance companies sometimes employ private investigators to obtain video surveillance of an injured employee. The purpose of video surveillance is often to:· assess whether the physical restrictions assigned to the employee...

Social media posts and messages, even those considered "private," may be discoverable in a Nebraska workers' compensation case. The Nebraska Rules of Discovery provide that any party to a lawsuit may obtain information regarding any matter, not legally privileged,...