Understanding Workers' Comp Benefits for an On-the-Job Injury

When dealing with an on-the-job injury, it’s important to have a general understanding of the workers’ compensation benefits that may be available in Omaha. This article aims to provide an overview of potential medical and wage loss benefits, offering insights to help you better understand the typical process. Keep in mind that each situation is unique, and this guide serves as a starting point to help you navigate what can often be a complex system.

Medical Benefits in Nebraska Workers’ Compensation Cases

When you suffer an on-the-job injury in Omaha, the employer is mandated to cover all reasonable medical expenses. This includes hospital bills, necessary medical equipment like crutches or wheelchairs, prescriptions, prosthetics, and in some instances, travel expenses for medical treatment. Mileage for medical treatment is reimbursed at $0.67/mile.

Navigating Wage Loss Benefits in Omaha’s Work Comp Claims

If your workplace injury hinders your ability to return to work, you’re entitled to wage loss benefits. These are categorized into Temporary Disability benefits and Permanent Disability benefits. Temporary Disability benefits are applicable while you’re undergoing treatment for your injuries. Upon reaching Maximum Medical Improvement (MMI), Permanent Disability benefits come into play, based on your work restrictions and/or impairment rating.

Your weekly disability benefit rate is determined by 2/3 of your Average Weekly Wage (AWW). AWW is calculated by averaging your gross pay for 26 weeks preceding the accident, excluding any abnormally low weekly pay during this period. The maximum weekly disability benefit rate currently stands at $1,094.00.

Temporary Disability Benefits for Omaha Workers

During your treatment period, if your restrictions prevent you from resuming your previous job role, you are entitled to Temporary Disability benefits. However, if your employer provides light-duty work that accommodates your restrictions under reasonable conditions, Temporary Disability benefits are not applicable during this transitional phase.

Permanent Disability: Understanding Impairment Rating and Loss to Body as a Whole

Once you reach MMI, the calculation of Permanent Disability benefits depends on whether the injury is to a specific body part or to the body as a whole. For specific body parts injuries, like an arm or leg, compensation is calculated based on a statutory schedule. For whole-body injuries, such as neck or back injuries, or multiple injuries from the same accident, compensation is based on loss of earning capacity for up to 300 weeks, depending on Temporary Disability benefits received. This capacity loss is evaluated by a vocational counselor, considering factors like your restrictions, work history, educational background, and job opportunities where you live.

Vocational Rehabilitation Benefits: A Pathway to New Opportunities

Post-MMI, vocational rehabilitation benefits offer job placement and training aligned with your restrictions. This program aims to place you in a new job or train you for a role that better suits your circumstances. You’ll receive Temporary Disability benefits during this program.

Understanding Death Benefits in Workers’ Compensation Cases

In tragic instances where an injury results in death, the surviving spouse and children are entitled to specific benefits. Additionally, compensation for funeral expenses is capped at $11,300.

Seeking Guidance After a Workplace Injury?

Navigating the aftermath of a workplace injury can be daunting, especially when it comes to understanding and claiming your rightful benefits under Nebraska law. With over twenty-seven years of experience in workers’ compensation law, Theis Law Offices is well-versed in advocating for the rights of injured workers. Colin Theis’ practice is singularly focused on representing victims of workplace injuries, ensuring each client receives high-quality, personalized legal assistance.

Colin has successfully tackled cases against claims adjusters and lawyers from many of Nebraska’s largest employers, securing millions of dollars in benefits through court victories and settlements. His approach is not just about legal representation; it’s about fighting tenaciously for the medical care and financial compensation you deserve.

At Theis Law Offices, we understand that work-related injuries are unexpected and can leave you feeling uncertain about the future. Our commitment is to help you navigate this challenging time, providing you with the expertise and support needed to recover both medically and financially. Accredited by the Better Business Bureau, Theis Law Offices is a trusted name in workers’ compensation law in Nebraska.

If you’ve suffered a serious injury at work or are an injured truck driver dealing with the consequences of a work-related accident, reach out to Colin. He’s here to ensure you get the medical attention you need and the compensation you rightfully deserve. Call Theis Law Offices for a consultation that puts your needs first.

If you've been injured, call Theis Law Offices today for a free, no-obligation consultation.

Colin is available 24 hours a day, 7 days a week, at 402-204-0469
Have you been Injured? I am available 24 hours a day, 7 days a week for a free, no-obligation consultation.

Glossary of Key Workers’ Compensation Terms

  • On-the-Job Injury: Any injury that occurs during the course of your work duties.
  • Medical Benefits: Coverage for all reasonable medical expenses related to a workplace injury, including things like hospital bills and medical equipment.
  • Wage Loss Benefits: Payments you’re entitled to if your injury prevents you from working, covering both temporary and permanent disabilities.
  • Temporary Disability Benefits: Benefits you receive while you’re unable to work and still receiving treatment for your injuries.
  • Permanent Disability Benefits: Benefits that kick in after you’ve reached Maximum Medical Improvement (MMI) and are based on the lasting effects of your injury.
  • Maximum Medical Improvement (MMI): The point where your condition has stabilized and is not expected to improve significantly with further treatment.
  • Average Weekly Wage (AWW): A calculation of your average earnings, used to determine your disability benefit rate.
  • Impairment Rating: A doctor’s assessment of the extent of your injury, usually given as a percentage, used to calculate Permanent Disability benefits for specific body part losses.
  • Loss to Body as a Whole: Refers to injuries affecting the whole body or multiple body parts, impacting your overall earning capacity.
  • Functional Capacity Evaluation (FCE): A test to determine your physical abilities and limitations following an injury.
  • Vocational Rehabilitation Benefits: Support including job placement and training to help you return to work in a capacity suited to your post-injury abilities.
  • Death Benefits: Compensation provided to the family of a worker who dies as a result of a job-related injury, covering financial support and funeral expenses.