Workers' comp deadlines in Nebraska: tell your employer and file

Tell your employer in Nebraska

Counted from

The date of the injury

In writing?

Yes, in writing

If you are late

No claim can go forward without notice given as soon as practicable. Lack of written notice is not a bar if your employer had notice or knowledge of the injury.

Notify your employer of any work-related injury or occupational disease as soon as possible. The law requires notice to the employer 'as soon as practicable' after the injury. The notice must be in writing, state in ordinary language the time, place and cause of the injury, and be signed by you or someone on your behalf. It can be delivered in person, left at the employer's place of business, or sent by certified or registered mail.

Law: Neb. Rev. Stat. § 48-133

Source: nebraskalegislature.gov

File your claim in Nebraska

Time limit

2 years

Counted from

The date of the accident (or of death); if compensation has been paid, the date of the last payment

What to file

A petition filed with the Nebraska Workers' Compensation Court (unless you and your employer/insurer have agreed on the compensation within that time)

Who files it

You notify your employer in writing. Your employer or its insurer reports the injury to the Workers' Compensation Court, and the court sends you a letter saying a report was filed. You only file something with the court (a petition) if your claim is disputed.

What your employer must do

The employer or its insurer must file a report of the injury with the Workers' Compensation Court within 10 days after it has notice or knowledge of it. After an injury, your employer must tell you about your right to choose a doctor, using the court's Form 50.

When the insurer decides

Benefits are typically paid within 30 days after notice of the injury. If payment is not made within 30 days of notice and there is no reasonable dispute about the claim, a 50% waiting-time penalty may be added to the benefits.

Your claim is barred unless, within 2 years after the accident, you and your employer or insurer agree on the compensation, or someone files a petition with the Nebraska Workers' Compensation Court. If compensation has been paid, the 2 years run from the last payment. If you are under a legal disability, the 2 years run from when it ends.

Law: Neb. Rev. Stat. § 48-137

Source: nebraskalegislature.gov

Law: Neb. Rev. Stat. §§ 48-125, 48-133, 48-144.01

Source: newcc.gov

Waiting period and first payment in Nebraska

Waiting period

No compensation is paid for the first 7 calendar days of disability; benefits begin on the 8th calendar day. A partial day of disability counts as a calendar day. Medical benefits begin on the date of injury.

Paid back for the waiting days

If disability continues for 6 weeks or longer, you are paid from the date the disability began; the waiting week is paid after 6 weeks.

First payment

Benefits are typically paid within 30 days after notice of the injury, and are paid on the same schedule as your wages were paid. If there is no reasonable dispute and payment is not made within 30 days of notice, a 50% waiting-time penalty may be added.

How often you are paid

Periodically, on the same schedule your wages were paid

Law: Neb. Rev. Stat. §§ 48-119, 48-125

Source: newcc.gov

Deadline helper

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