Salerno & Leavitt

Workers’ Compensation ClaimIn this article, you will learn…

  • What you need to qualify for a Workers’ Compensation claim.
  • The common reasons that Workers’ Compensation claims are denied – and what you can do if your claim hasn’t been approved.
  • How an attorney can help you find the benefits you need, when you need them most.

First and foremost, the person has to be injured on the job and engaged in one of the duties or responsibilities of their employer during the injury. The person must report the injury to their supervisor, follow up with the doctor to document the injury, and then follow through with any medical recommendations or treatment that is suggested.

Oftentimes, an employer will send someone to a specific doctor that will perform a fairly routine physical examination and say that they are able to return to work. However, in Nebraska, if the person has a regularly treating physician that they have seen before, they have the right to go to their own doctor.

It is imperative that those injured use their own doctor in order to document the injuries – because employers commonly utilize doctors that are not very thorough in evaluating the nature and extent of injuries that workers suffer.

What Injuries Are Generally Covered Under Workers’ Compensation?

The list of injuries that the workers’ compensation law in Nebraska covers is vast.

It can cover anything from the loss of a finger to the loss of an eye, but more frequently, it will cover injuries to the extremities like the legs, the shoulders, the arms, and the hands. The cases that we end up getting involved in are injuries to the neck or back because those injuries are typically more significant.

The workers’ comp statutes in Nebraska set a specific number of weeks for payment of benefits depending upon what sort of injury is covered, so our firm consults the statute based upon the nature of the injuries that have been suffered as a result of the work that the person has done.

What Are Common Causes Of Accidents That Occur Under Workers’ Comp Injury?

Neck and back injuries are fairly common – and the causes of these accidents are often directly related to the field that the claimant works in.

For example, in the healthcare field, nurses are involved in providing care for patients that can weigh over a couple hundred pounds. If they have to assist those individuals in and out of bed or to and from the bathroom, they are susceptible to neck and back injuries.

Likewise, people that work construction will see a lot of back and neck injuries due to heavy labor. People can also suffer slips and falls resulting in fractures or damage to their back just because of the nature of the work that they are trying to perform.

In certain industries, individuals are involved in collisions and car accidents while on the job. In those cases, not only do these workers have a workers’ comp claim, but more often than not, they will also have a claim against the party that caused the collision.

Even in circumstances when the individual may have been the one that caused the collision, if they are on the job, there is going to be a potential workers’ comp claim – unless they were grossly negligent.

Why Are Workers’ Comp Claims Denied?

Sometimes, an adjuster does not believe that the injury happened on the job. The information they may obtain from the employer might suggest that the person was at home when the injury really occurred and not at work as claimed by the individual.

Sometimes, the doctor will recommend certain medical procedures or imaging studies that the adjuster just does not want to authorize.

Typically, there is just speculation about whether the injury was actually caused at work, but we run into a number of adjusters that for unknown or unclear reasons make decisions about the refusal of medical care, despite the fact that the treating physician may be recommending it.

When Does Someone Need To Hire A Workers’ Compensation Attorney?

When someone is injured on the job and the employer or an employer’s insurance company immediately accepts responsibility, agrees that they are entitled to medical care and treatment without putting up any roadblocks, and starts paying temporary disability, there is no reason to hire a work comp attorney.

However, if the treatment the worker is receiving or recommended is not approved or authorized or if the adjuster refuses to pay for any of the temporary disability benefits or permanent disability benefits, hiring a workers’ comp attorney to bring a lawsuit on your behalf is warranted and necessary.

What Does Our Firm Do For Individuals Who Are Denied Workers’ Compensation Claims In Nebraska?

If an individual has been denied disability benefits or some of the medical care and treatment that has been recommended, our firm will often file a lawsuit on their behalf and start the process moving toward a trial in the workers’ compensation court.

Experience has led the professionals at our firm to the conclusion that trying to deal with insurance adjusters once they have already denied the claim is not typically productive. Therefore, our firm will work to promptly file those cases in order to get them moving and obtain a judge’s evaluation of the claim.

Then, we will find a ruling from the court on whether the person is entitled to compensation for their medical care, whether they have been paid the disability benefits that they are entitled to, and whether they have suffered a loss of earning capacity.

This process will begin immediately – as soon as you contact our firm regarding a denial of any workers’ compensation benefits.

For more information on Workers’ Compensation Law in Nebraska, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (402) 704-4593 today.

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