Disclaimer
This article provides general information only and does not constitute legal advice. Consult a qualified attorney to discuss your unique situation.
Detailed Answer
1. Workers’ Compensation Benefits
If you suffer an on-the-job injury, you likely qualify for workers’ compensation under Nebraska law. This system covers medical treatment, a portion of your lost wages, and vocational rehabilitation when necessary. Nebraska law requires employers with four or more employees to carry workers’ compensation insurance. You can file a claim with the Nebraska Workers’ Compensation Court. Generally, you receive two-thirds of your average weekly wage, subject to statutory maximums. See Neb. Rev. Stat. § 48-121 (https://nebraskalegislature.gov/laws/statutes.php?statute=48-121) for benefit calculations.
2. Third-Party Personal Injury Claims
If a negligent party outside your employment caused your accident—such as a driver in a car crash—you can pursue a personal injury lawsuit. Nebraska law allows you to seek economic damages, including full lost wages from the date of your injury until you reach maximum medical improvement. You may also recover future lost earning capacity if your injuries cause long-term disability. See Neb. Rev. Stat. § 25-21,185(7) (https://nebraskalegislature.gov/laws/statutes.php?statute=25-21,185) regarding damage elements.
3. Uninsured and Underinsured Motorist Coverage
When an at-fault motorist lacks insurance or has insufficient coverage, your own auto policy’s uninsured/underinsured motorist (UM/UIM) coverage can fill the gap. Nebraska requires insurers to offer UM/UIM, though you can reject it in writing. If you carry UM/UIM, you can claim lost wages up to your policy limits under Neb. Rev. Stat. § 44-6402 (https://nebraskalegislature.gov/laws/statutes.php?statute=44-6402).
4. Disability Insurance and Government Benefits
If you have short- or long-term disability insurance through your employer or purchased individually, you can file a claim for wage replacement. Benefits often cover 50%–70% of your salary. Separately, if your injuries cause a long-term disability, you may qualify for Social Security Disability Insurance (SSDI) from the Social Security Administration (https://www.ssa.gov/disability/). SSDI considers medical evidence and work history to determine eligibility.
5. Negotiating Directly with Insurers
Even outside formal claims, you can submit medical records, wage statements, and doctor’s reports to the at-fault party’s insurer. A well-documented demand package can lead to a lump-sum settlement that compensates you fully for past and anticipated lost wages.
Helpful Hints
- Gather detailed wage records, including pay stubs and tax returns.
- Keep a daily journal of symptoms and work restrictions.
- Notify your employer and insurers promptly in writing.
- Follow all medical treatment plans to document recovery progress.
- Consult an attorney before accepting any settlement offer.