Appealing a Denied Workers' Comp Claim in Nebraska
The deadline to challenge a denied workers' comp claim in Nebraska, where to file, and the steps from hearing to appeal.
Short 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. Neb. Rev. Stat. §§ 48-137, 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 |
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| 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 |
| 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 |
Where to get help in Nebraska
More Nebraska workers' compensation
- Filing a Workers' Comp Claim in Nebraska
- How Much Workers' Comp Pays in Nebraska
- Workers' Comp Settlements in Nebraska
- Retaliation for Filing Workers' Comp in Nebraska
- Suing Over a Work Injury in Nebraska
- All Nebraska workers' compensation rules
FAQ
How long do you have to appeal a denied workers' comp claim in Nebraska?
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.
How do you appeal a denied workers' comp claim in Nebraska?
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.
What is the deadline to file a workers' comp claim in Nebraska?
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.
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.