Hiring a Workers' Compensation Lawyer in Nebraska
The limits on workers' comp lawyer fees in Nebraska, filing deadlines, how to check a lawyer's license, and free state help for injured workers. We do not recommend or rank lawyers.
What a lawyer costs in Nebraska: fee rules
| Rules on contingency fees | Under Neb. Ct. R. of Prof. Cond. § 3-501.5(c), a contingent fee agreement must be in a writing signed by the client and must state how the fee is determined, including the percentage(s) for settlement, trial or appeal; litigation and other expenses deducted from the recovery; and whether expenses are deducted before or after the fee is calculated. It must clearly notify the client of expenses owed whether or not the client prevails, and at the end the lawyer must give a written statement of the outcome and, if there is a recovery, the remittance and how it was determined. § 3-501.5(d) prohibits fees in domestic relations matters contingent on securing a divorce or on the amount of alimony, support or property settlement, and contingent fees for defending a criminal case. § 3-501.5(b) says the basis or rate of fees should be communicated, preferably in writing. |
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| If you disagree with a lawyer's bill | The Nebraska State Bar Association's Legal Fee Arbitration Program offers voluntary arbitration of disputes over fees charged by attorneys (and also between attorneys and physicians, stenographers, consultants and expert witnesses). The rules, petition, respondent's answer form and a fee brochure are on the page; questions go to the program contact at 1-800-927-0117. |
| If a lawyer takes your money | The Nebraska State Bar Association's Client Assistance Fund, established in January 1974 under the Nebraska Supreme Court's authority, helps claimants recover losses caused by dishonest conduct of lawyers while practicing law in Nebraska. Complete the claim form, attach copies of supporting documents, have it notarized, and send it to NSBA/Client Assistance Fund, 635 South 14th Street, Suite 200, Lincoln, NE 68508, keeping a copy. |
Nebraska rules to know first
| Lawyer fee limits | In Nebraska, any attorney fee claim or agreement for services under the Workers' Compensation Act is not enforceable unless approved in writing by a judge of the Nebraska Workers' Compensation Court; once approved and noticed, it becomes a lien on compensation, and the court sets the share of each installment that goes to fees. When an employer refuses or delays payment and the employee receives an award, the court allows a reasonable attorney's fee paid by the employer, which may not be deducted from medical payments or charged to medical providers. Employer-paid fee on awards: https://nebraskalegislature.gov/laws/statutes.php?statute=48-125 |
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| Deadline to file a claim | A claim is barred unless, within two years after the accident (or after the death, in a death case), the parties have agreed on the compensation or one of them has filed a petition with the Workers' Compensation Court. If compensation payments have been made, the two years run from the last payment. The period is extended while the worker or dependent is under a legal disability. Source: Neb. Rev. Stat. § 48-137 |
| Deadline to challenge a denial | A disputed claim goes to the Nebraska Workers' Compensation Court by petition, which (unless the parties agree on compensation) must be filed within two years after the accident or death, or two years after the last compensation payment. A party who does not accept a final order of the compensation court may appeal by filing a notice of appeal, along with a request for the bill of exceptions (transcript), with the compensation court within 30 days. The appeal proceeds like an appeal from district court to the Nebraska Court of Appeals or Supreme Court. Two-year petition limit: https://nebraskalegislature.gov/laws/statutes.php?statute=48-137 ; appeal procedure: https://nebraskalegislature.gov/laws/statutes.php?statute=48-185 |
| Can you sue your employer? | Generally no. Coming under the Nebraska Workers' Compensation Act is a surrender of any other method or amount of compensation, binding the worker and the employer, and the exemption extends to the employer's insurer and to co-employees, officers and directors. Filing a claim with, or accepting payment from, the employer or its insurer releases the employer from claims at law for the injury. Exceptions in the statutes: a co-employee, officer or director can be sued when the injury was caused by their willful and unprovoked physical aggression, and an employer that fails to carry required insurance must respond in damages to the injured worker. Release: https://nebraskalegislature.gov/laws/statutes.php?statute=48-148 ; uninsured employer: https://nebraskalegislature.gov/laws/statutes.php?statute=48-145 |
| Suing someone other than your employer | Yes. The worker may sue a third person liable for the injury, and the employer (or its insurer) is subrogated to the worker's rights and must be made a party for reimbursement of compensation paid. Before making a claim or suing a third party, 30 days' notice must be given to the other potential parties (worker or employer/insurer) so they can join. A third-party settlement is void unless the worker and the insurer (or employer if uninsured) agree in writing, or the court finds it fair and reasonable; if they cannot agree how to split the proceeds, the court orders a fair and equitable distribution. Notice: https://nebraskalegislature.gov/laws/statutes.php?statute=48-118.01 ; settlement: https://nebraskalegislature.gov/laws/statutes.php?statute=48-118.04 |
Find and check a lawyer
| Lawyer referral service | The Nebraska State Bar Association's Find-A-Lawyer website lets the public look for a lawyer. Attorneys listed there charge $50 or less for the first 30 minutes of consultation, according to the site. The site says it is not a directory of NSBA members; for a full list of licensed Nebraska attorneys it points to the Nebraska Supreme Court Attorney Services Division website. |
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| Check that the lawyer is licensed | The Nebraska Supreme Court regulates attorney licensing, and the Nebraska Judicial Branch provides a public attorney search for checking a lawyer's record; the Counsel for Discipline's grievance page points the public to it. |
| Check discipline history or file a complaint | The Nebraska Supreme Court's Counsel for Discipline investigates and prosecutes violations of the Rules of Professional Conduct. File a grievance with the court's grievance form or a letter fully explaining the problem, with copies (not originals) of supporting documents, by email (nsc.cfdcomplaints@nejudicial.gov), fax (402-471-1014) or mail (Counsel for Discipline, 5001 Central Park Dr., Ste. 300, Lincoln, NE 68504-3461); phone 402-471-1040. Grievances that would not describe improper conduct even if true are rejected; otherwise the lawyer is usually asked for a written response, staff investigate, and the grievance is dismissed or charges are filed with a Committee on Inquiry. Grievances and investigations are confidential. The office cannot give legal advice, change court orders or recover money for you; it can only seek discipline. |
Free legal help
| Free legal aid | Legal Aid of Nebraska provides information, referrals, advice, self-help services and representation to qualifying low-income people with civil legal issues, with seven offices serving all 93 counties. There are no walk-ins: call the Statewide AccessLine at 1-877-250-2016 (Monday/Wednesday 8:30-11:30 am, Tuesday/Thursday 1:00-3:00 pm, Central Time) or apply online. Seniors 60+ can use the ElderAccessLine at 1-800-527-7249. The Legal Services Corporation (LSC) lists Legal Aid of Nebraska as the LSC-funded grantee in the state. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in Nebraska · Background guide
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.