Question 1

Which employers must have workers' comp in Nebraska?

Accepted Answer

The Nebraska Workers' Compensation Act applies to the state and its agencies and to every employer in Nebraska (and nonresident employer working in the state) with one or more employees in its regular trade, business or profession. It does not apply to interstate railroads, household domestic servants in a private residence, or agricultural employers who employ only related employees. Agricultural employers with unrelated employees are covered only if they employ ten or more unrelated full-time employees on each working day for 13 calendar weeks in a year; exempt agricultural employers that do not elect coverage must give unrelated employees a signed written notice that they are not covered.

Question 2

How long do you have to report a work injury in Nebraska?

Accepted Answer

Written notice of the injury must be given to the employer as soon as practicable after it happens. The notice should state in ordinary language the time, place and cause of the injury, be signed by the injured worker or someone on the worker's behalf, and be delivered to the employer or its agent (in person, at the residence or place of business, or by certified or registered mail). Lack of written notice is not a bar if the employer had notice or knowledge of the injury. There is no fixed number of days in the statute.

Question 3

What is the deadline to file a workers' comp claim in Nebraska?

Accepted Answer

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.

Question 4

Is there a waiting period for workers' comp in Nebraska?

Accepted Answer

No compensation is paid for the first seven calendar days of disability; payments start on the eighth day. If the disability lasts six weeks or longer, compensation is paid back to the date the disability began. A partial day of disability counts as a full calendar day.

Question 5

How much does workers' comp pay in Nebraska?

Accepted Answer

Temporary total disability is 66 2/3% of the worker's wages at the time of injury, subject to the state maximum and minimum weekly income benefits; a worker who earned less than the minimum receives his or her full weekly wage. Temporary partial disability is 66 2/3% of the difference between the wages at the time of injury and the worker's earning power afterward, for up to 300 weeks.

Question 6

What is the maximum workers' comp benefit in Nebraska?

Accepted Answer

By statute, the maximum weekly income benefit for disability and death is reset each January 1 at 100% of the state average weekly wage (rounded up to the next whole dollar), unless the Governor suspends the change after a public hearing. The minimum weekly income benefit is $49.

Question 7

Can you choose your own doctor for workers' comp in Nebraska?

Accepted Answer

The worker has the right to choose a physician who has treated the worker (or an immediate family member) before the injury and keeps those medical records. The employer must notify the worker of this right after an injury; if the employer fails to give proper notice, the worker may choose a physician, and if the worker does not use the right after notice, the employer chooses. Once the initial physician is chosen, it can be changed only by agreement or by order of the Workers' Compensation Court. If the claim is denied, the worker may choose a physician. For an injury requiring dismemberment or a major operation, the worker may designate the surgeon.

Question 8

How does permanent disability work under workers' comp in Nebraska?

Accepted Answer

Permanent injuries to listed body parts are paid at 66 2/3% of wages for a set number of weeks under a statutory schedule (for example, 225 weeks for loss of an arm, 60 weeks for loss of a thumb), in addition to temporary disability. Other permanent disability is paid based on loss of earning capacity: permanent total disability at 66 2/3% of wages for as long as the disability lasts, and permanent partial disability at 66 2/3% of the reduction in earning power for up to 300 weeks. If losses to more than one hand, arm, foot or leg in the same accident cause at least a 30% loss of earning capacity, the court may instead pay based on loss of earning capacity at the worker's request.

Question 9

What workers' comp death benefits are available in Nebraska?

Accepted Answer

Weekly death benefits go to dependents, subject to the state maximum and minimum and to an overall cap of 75% of the worker's average weekly wage. A widow or widower with no children receives 66 2/3% of the worker's average weekly wage until remarriage; with children, the surviving spouse receives 60% (or 55% if the children live elsewhere) plus 15% for each child. Children receive benefits until age 19 (or 25 if full-time students, or longer if incapable of self-support). A surviving spouse who remarries receives a two-year lump sum. Dependent parents, siblings, grandparents and grandchildren may also qualify. Reasonable burial expenses are paid separately; the statutory cap of $11,000 is adjusted by the court each July 1 since 2023.

Question 10

How do you file a workers' comp claim in Nebraska?

Accepted Answer

Give your employer written notice of the injury as soon as practicable. If there is a dispute that is not resolved, either party may file a petition with the Nebraska Workers' Compensation Court, at no cost, in person or through an attorney. The petition states the parties, the employment, the injury, the wages at the time of injury, the notice to the employer and the matters in dispute. A petition solely about whether medical treatment is reasonable and necessary requires a prior finding by an independent medical examiner.

Question 11

How do you appeal a denied workers' comp claim in Nebraska?

Accepted Answer

Disputed claims are first decided by a judge of the Nebraska Workers' Compensation Court after a hearing. A party who does not accept a final order may file a notice of appeal, together with a request for the bill of exceptions (transcript), with the compensation court within 30 days. Appeals are decided by the Nebraska Court of Appeals or Supreme Court under the rules for appeals from district courts. A worker who cannot afford the transcript may ask the court to waive the cost.

Question 12

How long can you receive workers' comp in Nebraska?

Accepted Answer

Total disability benefits (temporary or permanent) are paid during the disability, with no fixed week limit, and stop when the disability ends. Partial disability benefits are paid during the partial disability but not beyond 300 weeks; if total disability came first, the 300 weeks are reduced by the weeks of total disability already paid. For permanent injuries to listed body parts, temporary disability benefits stop once the extent of the permanent disability can be determined, and the scheduled benefit is paid for a set number of weeks (for example, 60 weeks for a thumb or 175 weeks for a hand).

Question 13

How do workers' comp settlements work in Nebraska?

Accepted Answer

The worker and employer may agree to settle a claim by converting the compensation into one or more lump-sum payments. The settlement must be submitted to the Workers' Compensation Court for approval in certain cases, including when the worker has no attorney, when Medicaid paid medical bills for the injury, when the worker is eligible for Medicare or reasonably expects to be within 30 months, when medical expenses will not be fully paid, or when the settlement commutes benefits due to dependents. The court approves a settlement if it conforms with the compensation schedule and is in the best interests of the worker or dependents; an approved settlement is final unless procured by fraud. In other cases, the worker and attorney file a signed, verified release with the court, and the release becomes effective when the court enters an order of dismissal with prejudice. The settlement must be paid within 30 days of filing the release, and a settlement or release generally ends the employer's liability for the injury, including future medical expenses unless they are specifically excluded.

Question 14

How much can a workers' comp lawyer charge in Nebraska?

Accepted Answer

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.

Question 15

Can you sue your employer for a work injury in Nebraska?

Accepted Answer

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.

Question 16

Can you sue a third party for a work injury in Nebraska?

Accepted Answer

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.

Question 17

What if my employer doesn't have workers' comp insurance in Nebraska?

Accepted Answer

An employer that fails to insure or self-insure as required must respond in damages to the injured employee (or the employee's dependents in a death case). Willfully failing to secure compensation is a Class I misdemeanor, and responsible corporate officers or managers can be personally liable, jointly with the employer, for compensation that comes due. The employer can be enjoined from doing business in Nebraska and ordered to pay up to $1,000 per violation, with each day a separate violation.

Question 18

How long do you have to appeal a denied workers' comp claim in Nebraska?

Accepted Answer

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.

Which employers must carry it	The Nebraska Workers' Compensation Act applies to the state and its agencies and to every employer in Nebraska (and nonresident employer working in the state) with one or more employees in its regular trade, business or profession. It does not apply to interstate railroads, household domestic servants in a private residence, or agricultural employers who employ only related employees. Agricultural employers with unrelated employees are covered only if they employ ten or more unrelated full-time employees on each working day for 13 calendar weeks in a year; exempt agricultural employers that do not elect coverage must give unrelated employees a signed written notice that they are not covered. Source: Neb. Rev. Stat. § 48-106
Deadline to report the injury	Written notice of the injury must be given to the employer as soon as practicable after it happens. The notice should state in ordinary language the time, place and cause of the injury, be signed by the injured worker or someone on the worker's behalf, and be delivered to the employer or its agent (in person, at the residence or place of business, or by certified or registered mail). Lack of written notice is not a bar if the employer had notice or knowledge of the injury. There is no fixed number of days in the statute. Source: Neb. Rev. Stat. § 48-133
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
Waiting period	No compensation is paid for the first seven calendar days of disability; payments start on the eighth day. If the disability lasts six weeks or longer, compensation is paid back to the date the disability began. A partial day of disability counts as a full calendar day. Source: Neb. Rev. Stat. § 48-119

Weekly benefit rate	Temporary total disability is 66 2/3% of the worker's wages at the time of injury, subject to the state maximum and minimum weekly income benefits; a worker who earned less than the minimum receives his or her full weekly wage. Temporary partial disability is 66 2/3% of the difference between the wages at the time of injury and the worker's earning power afterward, for up to 300 weeks. Source: Neb. Rev. Stat. § 48-121
Maximum weekly benefit	By statute, the maximum weekly income benefit for disability and death is reset each January 1 at 100% of the state average weekly wage (rounded up to the next whole dollar), unless the Governor suspends the change after a public hearing. The minimum weekly income benefit is $49. The Workers' Compensation Court publishes the current dollar maximum; its website could not be reached during verification, so the 2026 figure is not stated here. Source: Neb. Rev. Stat. § 48-121.01
How long benefits last	Total disability benefits (temporary or permanent) are paid during the disability, with no fixed week limit, and stop when the disability ends. Partial disability benefits are paid during the partial disability but not beyond 300 weeks; if total disability came first, the 300 weeks are reduced by the weeks of total disability already paid. For permanent injuries to listed body parts, temporary disability benefits stop once the extent of the permanent disability can be determined, and the scheduled benefit is paid for a set number of weeks (for example, 60 weeks for a thumb or 175 weeks for a hand). Source: Neb. Rev. Stat. § 48-121
Permanent disability	Permanent injuries to listed body parts are paid at 66 2/3% of wages for a set number of weeks under a statutory schedule (for example, 225 weeks for loss of an arm, 60 weeks for loss of a thumb), in addition to temporary disability. Other permanent disability is paid based on loss of earning capacity: permanent total disability at 66 2/3% of wages for as long as the disability lasts, and permanent partial disability at 66 2/3% of the reduction in earning power for up to 300 weeks. If losses to more than one hand, arm, foot or leg in the same accident cause at least a 30% loss of earning capacity, the court may instead pay based on loss of earning capacity at the worker's request. Source: Neb. Rev. Stat. § 48-121
Death benefits	Weekly death benefits go to dependents, subject to the state maximum and minimum and to an overall cap of 75% of the worker's average weekly wage. A widow or widower with no children receives 66 2/3% of the worker's average weekly wage until remarriage; with children, the surviving spouse receives 60% (or 55% if the children live elsewhere) plus 15% for each child. Children receive benefits until age 19 (or 25 if full-time students, or longer if incapable of self-support). A surviving spouse who remarries receives a two-year lump sum. Dependent parents, siblings, grandparents and grandchildren may also qualify. Reasonable burial expenses are paid separately; the statutory cap of $11,000 is adjusted by the court each July 1 since 2023. Burial expense: https://nebraskalegislature.gov/laws/statutes.php?statute=48-122. Source: Neb. Rev. Stat. §§ 48-122, 48-122.01, 48-122.03

Choosing a doctor	The worker has the right to choose a physician who has treated the worker (or an immediate family member) before the injury and keeps those medical records. The employer must notify the worker of this right after an injury; if the employer fails to give proper notice, the worker may choose a physician, and if the worker does not use the right after notice, the employer chooses. Once the initial physician is chosen, it can be changed only by agreement or by order of the Workers' Compensation Court. If the claim is denied, the worker may choose a physician. For an injury requiring dismemberment or a major operation, the worker may designate the surgeon. Source: Neb. Rev. Stat. § 48-120(2)
How to file	Give your employer written notice of the injury as soon as practicable. If there is a dispute that is not resolved, either party may file a petition with the Nebraska Workers' Compensation Court, at no cost, in person or through an attorney. The petition states the parties, the employment, the injury, the wages at the time of injury, the notice to the employer and the matters in dispute. A petition solely about whether medical treatment is reasonable and necessary requires a prior finding by an independent medical examiner. Source: Neb. Rev. Stat. §§ 48-133, 48-173
Settlements	The worker and employer may agree to settle a claim by converting the compensation into one or more lump-sum payments. The settlement must be submitted to the Workers' Compensation Court for approval in certain cases, including when the worker has no attorney, when Medicaid paid medical bills for the injury, when the worker is eligible for Medicare or reasonably expects to be within 30 months, when medical expenses will not be fully paid, or when the settlement commutes benefits due to dependents. The court approves a settlement if it conforms with the compensation schedule and is in the best interests of the worker or dependents; an approved settlement is final unless procured by fraud. In other cases, the worker and attorney file a signed, verified release with the court, and the release becomes effective when the court enters an order of dismissal with prejudice. The settlement must be paid within 30 days of filing the release, and a settlement or release generally ends the employer's liability for the injury, including future medical expenses unless they are specifically excluded. Source: Neb. Rev. Stat. § 48-139
Appealing a denial	Disputed claims are first decided by a judge of the Nebraska Workers' Compensation Court after a hearing. A party who does not accept a final order may file a notice of appeal, together with a request for the bill of exceptions (transcript), with the compensation court within 30 days. Appeals are decided by the Nebraska Court of Appeals or Supreme Court under the rules for appeals from district courts. A worker who cannot afford the transcript may ask the court to waive the cost. Appeal procedure: https://nebraskalegislature.gov/laws/statutes.php?statute=48-185 Source: Neb. Rev. Stat. §§ 48-182, 48-185
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 Source: Neb. Rev. Stat. §§ 48-137, 48-182, 48-185
Lawyer fees in comp cases	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 Source: Neb. Rev. Stat. 48-108 and 48-125

Suing 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 Source: Neb. Rev. Stat. §§ 48-111, 48-148, 48-145(3)
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 Source: Neb. Rev. Stat. §§ 48-118, 48-118.01, 48-118.04
If your employer has no workers' comp	An employer that fails to insure or self-insure as required must respond in damages to the injured employee (or the employee's dependents in a death case). Willfully failing to secure compensation is a Class I misdemeanor, and responsible corporate officers or managers can be personally liable, jointly with the employer, for compensation that comes due. The employer can be enjoined from doing business in Nebraska and ordered to pay up to $1,000 per violation, with each day a separate violation. Penalties: https://nebraskalegislature.gov/laws/statutes.php?statute=48-145.01 . A state uninsured-employer benefits fund was not identified in the sections read. Source: Neb. Rev. Stat. §§ 48-145(3), 48-145.01

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