Workplace accidents or occupational diseases can result in both physical and financial hardships for employees. Fortunately, in Nebraska, there are laws in place that provide compensation to workers who are injured while on the job. Nebraska Revised Statute 48-101 outlines the provisions for employee compensation in the state. As an employee or employer, it’s important to know and understand these laws to ensure that you are protected.
In this blog post, we will discuss what is covered under the statute and how it impacts both employees and employers.
What is Defined as Workers Compensation in Nebraska
Under Nebraska Revised Statute 48-101, employees are entitled to compensation if they sustain personal injury due to an accident or occupational disease during their employment. This applies to injuries resulting from both accidents and occupational diseases. The definition of “accident” includes unexpected or unforeseen events, not limited to a single traumatic incident. If an employee is injured due to either of these circumstances, the employer is liable to provide compensation.
What is Considered a Work Injury
For an injury to be compensable, it must “arise out of and in the course of employment.” This means that the employee must have been performing job-related duties or engaging in a work-related activity at the time of the injury. However, leaving the employer’s premises in the usual way after work is also considered within the course of employment. The phrases “arising out of employment” and “in the course of employment” must both be established for an injury to be compensable.
Willful Negligence
An employee may not be willfully negligent at the time of the injury to be eligible for compensation benefits. However, employees are not considered willfully negligent for violating safety rules if the rules are not strictly enforced. If an employee is found to have been willfully negligent, it may impact their eligibility for compensation benefits.
Compensation is also provided for injuries that aggravate pre existing injuries or diseases. For example, if an employee suffers a work-related stress-caused heart injury and the work-related stress is greater than non-employment, then the injury is compensable. Similarly, an injury that aggravates a preexisting condition is compensable if work-related factors contribute.
How do I file a Workers Compensation Claim?
When filing a claim for compensation, the burden of proof is on the claimant. They must prove, by a preponderance of evidence, that the injury occurred in the course of employment and resulted in compensable disability. Once the claim is filed, the employer or their health insurance provider has the option to accept or contest the claim.
Litigation for Nebraska Workers
Nebraska Revised Statute 48-101 provides important protections for employees who suffer workplace injuries or occupational diseases. Employers must provide compensation for injuries sustained while on the job, unless the employee was willfully negligent or the injury was not work-related. As an employer or employee, it’s vital to understand this law to ensure you are both protected in the case of a workplace injury. We hope this post has provided you with valuable information and insight into Nebraska’s employee compensation laws. For more information contact Friedman Law Offices at +1 800-876-1093.
Sources:
https://nebraskalegislature.gov/laws/statutes.php?statute=48-101