Perhaps, but probably not, unfortunately. The adjuster has financial incentives to minimize your recovery. If this were not the case, why are initial settlement offers low? There are many ways the adjuster tries to do this. One common method is to minimize your medical bills by counting only what health insurance has paid on a reduced fee schedule and not the full charge for the bill, which the law requires. Also, be very wary of adjusters offering to settle a case early, before you have finished recovering, especially in the case of a spine or head injury.
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.
Several attorneys in our office are licensed in multiple states. The issue of where to file a law suit and which state has better benefits for the injured worker comes up commonly, especially in cases where the injured worker travels for work. There are certain situations in which workers' compensation benefits will be more beneficial for an injured worker if they are able to pursue the claim in Iowa, rather than Nebraska. Employees injured while working in Iowa are entitled to Iowa workers' compensation benefits. If an employee is injured outside of Iowa, there may still be Iowa jurisdiction if (1) the employer has a place of business in Iowa and the employee regularly works at or from that place of business; (2) the employer has a place of business in Iowa and the employee lives in Iowa; (3) the employee is working under a contract of hire made in Iowa and employee regularly works in Iowa; (4) the employee is working under a contract of hire made in Iowa and sustains an injury for which no remedy is available under the workers' compensation laws of another state; (5) the employee is working under a contract of hire made in Iowa for employment outside of the United State; and/or (6) the employer has a place of business in Iowa and the employee is working under a contract of hire that provides that workers' compensation claims will be governed by Iowa law. In order to assess the best recovery available for an work injury, contact our office and discuss with one of our dually-licensed attorneys.
Attorney Travis Spier was recently selected to the Thomson Reuters Super Lawyers Rising Stars List for his work in Workers' Compensation, Great Plains Region. No more than 2.5 percent of attorneys in the state of Nebraska are selected for this honor. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area. A description of the selection methodology can be found here. Super Lawyers' Rising Stars list recognizes the top up-and-coming attorneys in the state - those who are 40 years old or younger, or who have been practicing law for 10 years or less.
When an employee suffers a work related injury and cannot immediately return to work because of serious injuries sustained, one of the first issues that requires attention is the calculation of the injured worker's average weekly wage so that the benefits that are due are calculated and paid properly. In Nebraska, average weekly wage for purposes of workers' compensation benefits is typically calculated by dividing the 26 weeks, or 6 months, of gross wages immediately preceding the accident by the number of weeks worked. The Nebraska workers' compensation wage statute, Neb. Rev. Stat. 48-126, states:
Police say that a 31-year-old woman was killed after an accident that took place at about 4:22 a.m. on Jan 18. According to authorities, the 24-year-old driver of the Jeep lost control of the vehicle and hit a wooden utility pole while driving eastbound on Lake Street in Omaha. After hitting the pole, the vehicle rolled, hit a privacy fence and came to a stop on its roof.