Effective January 1, 2017, the mileage reimbursement rate for travel of injured workers to and from medical appointments was reduced from 54 cents per mile to 53.5 cents per mile. The maximum weekly compensation benefit rate increased from $785.00 to $817.00 effective...
Workers’ Compensation
Does Violation of a Safety Rule Preclude Entitlement to Workers’ Compensation Benefits?
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...
The Use of Video Surveillance in Workers’ Compensation Cases
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 are...
Social Media and Workers’ Compensation
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,...
Vocational Rehabilitation Benefits for Injured Nebraska Workers
Vocational rehabilitation services are an important aspect of Nebraska's workers' compensation laws. The goal of vocational rehabilitation services is to assist an injured worker with a prompt return to gainful, suitable employment. If an injury leaves a worker with...
Which State Has The Best Benefits For Me?
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...
Physician Choice in Workers’ Comp
When a workers' compensation injury occurs, it is important to understand the rights and rules in Nebraska regarding the initial selection of the treating physician. When an employee suffers an injury, he or she has the right to the initial treating doctor. The rules...
Unrelated Medical Expenses at Times Compensable.
Our client suffers from severe asthma caused by a work-related exposure to mold. As a result, client requires a lifetime of treatment consisting of medications, home filtrations systems and inhalers. Some of client's symptoms include heavy coughing, shortness of...
Determining Who the Insurance Carrier is on a Claim
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 "Search Employer Coverage" tab....
Recent Nebraska Supreme Court Decision Prohibits Defendant Counterclaims
Neb. Rev. Stat. § 48-177 provides that a cause of action filed with the Nebraska Workers' Compensation Court may be dismissed without prejudice to a future action by the plaintiff (typically, the injured worker) at any time before the final submission of the case to...
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