If you were hurt at work in Nebraska, two deadlines matter more than anything else on this page: telling your employer, and filing your claim. Read the next section first.
What to do first
The first days after a workplace injury shape everything that follows. Nebraska's workers' compensation system is a no-fault benefit - you don't have to prove your employer did anything wrong to qualify - but you do have to follow the rules on time.
Get medical attention right away. If it's an emergency, go to the emergency room or call 911. Your health comes first.
Tell your employer about the injury as soon as practicable. Neb. Rev. Stat. § 48-133 requires that notice of a work injury be given to your employer "as soon as practicable" after it happens. The notice should be in writing and should state, in ordinary language, the time, place, and cause of the injury. The statute does not spell out an exact number of days, so don't wait. If your employer already had actual knowledge of the injury - for example, a supervisor or foreman saw it happen - the statute says the lack of written notice is not automatically a bar to your claim, but don't rely on that. Put it in writing yourself and keep a copy.
Ask about your right to choose a doctor before you get non-emergency treatment (details below).
Keep records - the date, time, and place of the injury, who you told, and copies of anything you sign.
Nebraska's workers' compensation agency
The Nebraska Workers' Compensation Court administers the Nebraska Workers' Compensation Act and has original jurisdiction over workers' compensation claims. Its staff can give general information about the process, though not legal advice. The official website is newcc.gov, which has worker FAQs, forms and publications, a Coverage Lookup tool for checking whether an employer carries insurance, and information on mediation and filing a petition. (An older address, wcc.ne.gov, no longer works - if a search engine sends you there, use newcc.gov instead.) The Court's information line is 800-599-5155 (toll-free) or 402-471-6468.
Who is covered in Nebraska
Under Neb. Rev. Stat. § 48-106, the Act applies to every resident employer in Nebraska - and every nonresident employer performing work in Nebraska - that employs one or more employees in the regular trade, business, profession, or vocation. There is no general small-employer headcount exemption. Some categories are treated differently:
Agricultural employers are exempt if they employ only related employees; an employer of unrelated agricultural workers becomes covered once it employs ten or more unrelated, full-time employees for thirteen calendar weeks in a year.
Household domestic servants in a private residence are excluded.
Railroad employees engaged in interstate or foreign commerce are excluded (they are covered by federal law instead).
Sole proprietors, partners, and limited liability company members are not automatically covered, but under Neb. Rev. Stat. § 48-115 they may elect coverage for themselves in writing, filed with their insurer.
Corporate officers who own twenty-five percent or more of the corporation's common stock are excluded unless they elect coverage.
Employers that are exempt may still choose to buy coverage voluntarily. Nebraska is not a monopolistic state-fund state: according to the Court, there is no state fund licensed to write workers' compensation coverage in Nebraska. Employers buy from private insurers licensed by the Nebraska Department of Insurance or get authorization from the Court to self-insure. If you're not sure whether your employer has coverage, use the Coverage Lookup tool on the Court's website or call the Court.
The deadline to file a claim in Nebraska
This is the second deadline you cannot afford to miss. Under Neb. Rev. Stat. § 48-137, a claim is generally barred unless, within two years of the accident, the parties have agreed on the compensation payable or a petition has been filed with the Nebraska Workers' Compensation Court. In a death case, the two years runs from the date of death. If compensation payments have already been made, the two-year period runs from the last payment instead. For latent or progressive injuries - a condition that develops or worsens over time - the period generally does not begin until you discover, or reasonably should have discovered, that you have a compensable disability. The statute also suspends the period while an injured worker or dependent is under a legal disability. These exceptions are fact-specific, so don't try to run the clock close: contact the Court or a Nebraska attorney well before two years have passed.
Medical care: who picks your doctor
Nebraska's rule is more worker-friendly than many states'. Under Neb. Rev. Stat. § 48-120, you have the right to select a physician who maintained your medical records before the injury and has a documented history of treating you - or who did the same for an immediate family member. In practice, that means a doctor you already have a relationship with can often become your treating physician for the work injury. Your employer is required to notify you of this right in the form, manner, and timeframe the compensation court establishes; if the employer fails to give you that notice, you keep the right to select. If you do not make a selection within the required timeframe, the employer has the right to select the physician.
Once an initial physician is selected - by you or by your employer - that choice generally cannot be changed unless both sides agree or the Court orders a change. If a physician selected by the employer refuses to provide treatment the Court has found necessary, the Court is to allow you to select another physician. And if the insurer denies that your claim is compensable, you have the right to select a physician and cannot be required to enter a managed care plan. If you're unsure which situation applies to you, ask your employer or call the Court before your first non-emergency appointment.
Wage-replacement benefits
If your injury keeps you off work, Nebraska pays indemnity benefits under Neb. Rev. Stat. § 48-121 equal to 66 2/3% of your wages at the time of injury for total disability. For partial disability, you get 66 2/3% of the difference between your pre-injury wages and your earning power afterward, payable for up to 300 weeks. Both are subject to a statutory weekly maximum and minimum.
This page does not print those dollar limits, because they adjust and any figure here could go stale and mislead you. Get the current maximum and minimum from the Nebraska Workers' Compensation Court.
Benefits generally begin on the eighth calendar day of disability, after a seven-day waiting period. If your disability lasts six weeks or longer, the waiting week is paid too - so a longer recovery does not permanently cost you that first week.
Permanent disability
If a work injury leaves you with a lasting impairment, Nebraska's approach depends on what part of the body was affected:
Scheduled member injuries (an arm, hand, leg, foot, eye, and other listed body parts) are compensated based on the loss of physical function of that specific member, for the number of weeks the statutory schedule assigns.
Whole-body injuries are instead evaluated on your loss of earning power - how the injury reduces your ability to earn and stay employed, not just a physical impairment rating.
This area is fact-intensive and often turns on medical opinions, so ask the Court's staff or a Nebraska attorney how it applies to your specific injury.
If your claim is denied
Denials have their own deadlines - don't sit on a denial. If your employer or its insurer disputes your claim or you disagree with the benefits being offered, Nebraska gives you a few paths:
Informal dispute resolution (mediation) through the Nebraska Workers' Compensation Court. It is free. A court mediator is a neutral third party who helps the parties try to settle an issue or the whole case without a formal hearing; the mediator is not a judge and does not issue an order. To request it, call 800-599-5155 or 402-471-6468 and ask for the mediation coordinator, or use the Court's Informal Dispute Resolution Request form.
Filing a petition with the Court, which has original jurisdiction over these claims. A trial judge will hear the case and decide it.
If you disagree with a final order, judgment, or decree of the compensation court, Neb. Rev. Stat. § 48-185 requires a notice of appeal to be filed with the clerk of the Workers' Compensation Court within 30 days after entry of that order. The appeal is then heard by the Nebraska Court of Appeals or the Nebraska Supreme Court. Missing that 30-day window can cost you the right to appeal, so act immediately if you get an unfavorable decision.
Where to get help in Nebraska
The Nebraska Workers' Compensation Court - staff on the information line can explain the claims process, forms, and your rights (general information, not legal advice), and the Court's mediation service is free. Reach it at newcc.gov, 800-599-5155, or 402-471-6468.
A Nebraska workers' compensation attorney - if your claim is denied, if permanent disability is at stake, or if a deadline is approaching, it is reasonable to get representation. Ask about the fee arrangement up front, and confirm any fee terms in writing.
This article provides general legal information about Nebraska law, not legal advice for your specific situation. For advice about your claim, contact the Nebraska Workers' Compensation Court or a Nebraska-licensed attorney.
Frequently asked questions
How soon do I have to tell my employer about a work injury in Nebraska?
Neb. Rev. Stat. section 48-133 requires that notice of the injury be given to your employer "as soon as practicable" after it happens. The notice is supposed to be in writing and to state, in ordinary language, the time, place, and cause of the injury. The statute does not name an exact number of days, so tell your supervisor or employer immediately and put it in writing. If your employer (or a supervisor or foreman acting in that capacity) already had actual knowledge of the injury, the lack of written notice is not automatically a bar - but don't rely on that; give written notice yourself.
How long do I have to file a workers' comp claim in Nebraska?
Under Neb. Rev. Stat. section 48-137, you generally must either agree with the employer on the compensation payable or file a petition with the Nebraska Workers' Compensation Court within two years of the accident (or within two years of the death, in a death case). If compensation payments have been made, the two years instead runs from the last payment. For latent or progressive injuries, the clock generally does not start until you discover, or reasonably should have discovered, that you have a compensable disability. These rules are fact-specific - contact the Court well before two years pass.
Who picks my doctor for a work injury in Nebraska?
Under Neb. Rev. Stat. section 48-120, you have the right to select a physician who kept your medical records before the injury and has a documented history of treating you - or who did so for an immediate family member. Your employer must notify you of that right in the form, manner, and timeframe set by the compensation court. If you don't make a timely selection, the employer has the right to select the physician. Once a physician is selected, that choice generally can't be changed unless both sides agree or the Court orders a change. If the insurer denies compensability, you have the right to select a physician and cannot be required to enter a managed care plan.
How much will I be paid if I can't work because of my injury?
Nebraska pays 66 2/3% of your wages at the time of injury for total disability, and 66 2/3% of the difference between your pre-injury wages and your earning power afterward for partial disability, subject to a statutory weekly maximum and minimum. Those dollar limits adjust over time, so check the Nebraska Workers' Compensation Court for the current figures rather than relying on a number you read elsewhere. Benefits begin on the eighth calendar day of disability after a seven-day waiting period; if disability lasts six weeks or longer, the waiting week is paid as well.
What can I do if my Nebraska workers' comp claim is denied?
You can request informal dispute resolution (mediation) through the Nebraska Workers' Compensation Court, which is free - call the Court's information line at 800-599-5155 or 402-471-6468 and ask for the mediation coordinator, or use the Court's Informal Dispute Resolution Request form. You can also file a petition with the Court, and a trial judge will decide the case after a hearing. If you disagree with a final order, a notice of appeal must be filed with the clerk of the Workers' Compensation Court within 30 days after entry of the order; the appeal is then heard by the Nebraska Court of Appeals or Supreme Court (Neb. Rev. Stat. section 48-185).
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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