Workers Compensation Laws in Nebraska

Nebraska is required to purchase worker's compensation insurance that would cover employees in the case of on the job or job related injuries. Nebraska has no state fund for this, so employees must choose private carriers or self-insurance. Worker's compensation insurance also pays benefits to the families, spouses or beneficiaries of the employee if a job related injury should result in the employee's death. Waivers may be permitted under special circumstances.

Exceptions

Employers in fields where they employ agricultural workers are not statutorily compelled to provide worker's compensation insurance for employees. They may elect to buy worker's compensation insurance, but it would be a voluntary choice and not legally required. Employers are also not legally bound to provide worker's compensation insurance for domestic servants. Covering employees of that nature is a voluntary choice.

Benefits

During the full amount of time an employee in Nebraska must see a physician because of on the job or job related injuries, full medical benefits are paid with no time limits or payment cap. The employee may choose his or her own physician with no penalties or payment requirements.

Permanent total disability, temporary total disability, and permanent partial disability payments are based upon a percentage of the worker's wages. Both are subject to a weekly maximum payment amount. Permanent total disability and temporary total disability payments will be paid to the worker the entire time he or she is considered disabled and unable to work. Permanent partial disability payments will continue for up to 300 weeks.

Special payments can be made at the end of the employee's total temporary disability payments, when the employee's classification changes. An injured employee may also be able to draw physical and vocational rehabilitation benefits. An employee suffering occupational hearing losses may also be compensated if he or she meets requirements and filing deadlines.

Rates

The percentage of a total worker's wage that's paid as worker's compensation benefits is sixty-six and two-third percent, or approximately two-thirds of the employee's standard wages. The same minimum and maximum payment amounts apply for temporary total, permanent total and permanent partial disability claims.

The minimum weekly wage an employee will draw under worker's compensation is $49. If the employee's actual wage per week prior to injury was less than $49, then the amount of the employee's actual wage would become the weekly worker's compensation benefit. The maximum weekly amount paid is $644.

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