Filing a Workers' Comp Claim in Nebraska
The deadlines to report a work injury and file a claim in Nebraska, how to file, and how to appeal a denial.
Short 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… Neb. Rev. Stat. § 48-133
| 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 |
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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 |
| 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. |
| 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 |
Where to get help in Nebraska
More Nebraska workers' compensation
- 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
- Appealing a Denied Workers' Comp Claim in Nebraska
- All Nebraska workers' compensation rules
FAQ
How long do you have to report a work injury in Nebraska?
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.
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.
How do you file a workers' comp claim in Nebraska?
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.
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.
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.