Can you file for wrongful termination after a work injury in Nebraska?

Omaha, NE – A Nebraska corrections worker who was injured during a self-defense training course wasn’t wrongfully terminated after her injury left her with permanent work restrictions, the Nebraska Supreme Court has ruled. According to the ruling, corrections worker Suzette D. Dutcher’s claim was barred by workers’ compensation exclusive remedy. Under Nebraska Workers’ Compensation Act, if an employee files a claim for benefits following a work injury that action represents a release of all claims “arising from such injury” against the employer. In other words, since the woman was awarded benefits following the injury she cannot claim she was wrongfully terminated after she was left with a disability that did not allow her to continue in her former position.

If you were recently injured on the job, you should talk to an experienced Omaha workers’ compensation lawyer to understand what your rights are and what are the consequences of filing a benefits claim.

Main types of benefits under Nebraska’s Workers Compensation Act

Workers’ compensation laws in Nebraska are designed to provide benefits to employees who suffer work-related injuries or illnesses. These laws require most employers in the state to carry workers’ compensation insurance, which provides financial support to employees who are injured on the job.

In Nebraska, workers’ compensation benefits typically include:

  • Medical expenses: This covers the cost of medical treatment related to a work-related injury or illness, including doctor’s visits, hospital stays, and prescription medications.
  • Temporary disability benefits: This provides financial support to employees who are temporarily unable to work due to a work-related injury or illness.
  • Permanent disability benefits: This provides financial support to employees who suffer a permanent loss of function or impairment due to a work-related injury or illness.
  • Vocational rehabilitation: This covers the cost of job retraining or education for employees who are unable to return to their previous job due to a work-related injury or illness.

To be eligible for workers’ compensation benefits in Nebraska, an employee must report the injury or illness to their employer within ten days, and must file a claim with the Nebraska Workers’ Compensation Court within two years of the injury or illness.

When you file a workers’ compensation claim you may be required to see a physician of your employer’s choosing for an Independent Medical Examination. This happens when the employer disputes the severity of your injury and considers you should be back to work. An IME can be very tricky and you should seek legal counsel from seasoned workers’ compensation lawyers.

At the same time, if the employer disputes your claim, you may be required to attend a hearing before the Workers’ Compensation Court. Talk to a knowledgeable Nebraska workers’ compensation attorney if that happens to you. Only an attorney with many years of expertise in this area can help you navigate the complexity of the workers’ compensation system and ensure that you receive the benefits you are entitled to under the law.

If you were recently injured in a work-related accident in Nebraska, schedule a free consultation with a knowledgeable attorney at the Rensch & Rensch Law firm, with offices in Omaha and Columbus. They’ll make sure your employer gives you the benefits you’re entitled to.

Contact info:

Rensch & Rensch Law

Toll-free: 800-471-4100

Omaha office:

7602 Pacific St #102, Omaha, NE 68114

Columbus office:

1470 25th Ave, Columbus, NE 68601

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