How Much Workers' Comp Pays in Nebraska

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.

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.

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).

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.

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.