Workplace Injuries Attorneys in Omaha, Nebraska
With the average American spending nearly one-third of their life at work, it’s no wonder that employees often sustain multiple injuries while on the job. While many of these injuries are minor and don’t require time off or compensation, some of them can be very serious and you may have to seek workers’ compensation. One of the most common workplace incidents is a slip-and-fall accident. If you’ve experienced this or another kind of workplace injury, you should contact us today to learn about your options for compensation.
At Salerno & Leavitt, we have over 30 years of experience with personal injury cases and can help you pursue the compensation you rightly deserve. We’re proud to serve clients in both Omaha, Nebraska, and Council Bluffs, Iowa.
Your Rights After an Injury at Work
Every state in the country has some kind of requirement for employers to carry workers’ compensation insurance, and Nebraska and Iowa are no different. This insurance covers lost wages, medical expenses, and in some cases, disability payments when an employee is injured on the job while performing their work duties.
With a slip-and-fall accident, you may suffer from broken bones, soft tissue damage, or head injuries. After an injury, you have the right to notify your employer, file a claim, seek medical attention, file for disability if your injury prevents you from returning to work, and appeal a decision you do not agree with.
Also, note that for some other insurance policies, your compensation is determined by who was at fault for the accident. Workers’ compensation, however, does not work like this. It doesn't matter who was liable for the accident occurring; you can still receive benefits even if it was your fault. The only exception may be if you were under the influence of drugs or alcohol at the time of the incident.
Nebraska Workers’ Compensation
In general, Nebraska employers are required to provide workers’ compensation if they have more than one employee, though some exceptions apply. Federal employees, railroad employees, and some agricultural and domestic employees are exempt from this requirement. Additionally, sole proprietors, partners in a partnership, and members of an LLC may also be exempt. This coverage provides benefits for lost wages, medical bills, and permanent impairments. It also provides total disability benefits if your work injuries prevent you from ever returning to work.
Iowa Workers’ Compensation
Nearly all employers in Iowa must carry workers’ compensation, and they can either purchase it from a private provider or self-insure. The insurance covers any injury that occurs as the result of employment activities, including hearing loss, diseases, or aggravated pre-existing conditions, and it will pay out benefits for medical expenses, temporary and permanent disability, and death benefits.
Filing a Claim
The first thing you should do after you get injured at work is notify your employer. In most cases, your employer will notify their insurance and then start the claims process. You should also notify your physician that your injury is work-related. You do not need an attorney to file a claim, but it can help you if your case is especially complex or if your claim is denied and you would like help appealing that decision. In both Nebraska and Iowa, you have two years from the date of the injury to file a claim.
Workers’ compensation generally pays for lost wages, doctor bills, temporary and permanent disability, and death benefits. This is usually paid in the form of a weekly benefit, but the amount you receive will depend on your injury, your job, and your diagnosis. In Nebraska, the minimum weekly payment for Temporary Total Disability (TTD) Benefits is $49 (or the worker’s actual wage if less). The maximum weekly payment is 100% of the state’s average weekly wage which is currently $671. In Iowa, the minimum weekly payment for TTD is $239 (or actual wage if less), and the maximum is 200% of the state’s average weekly wage or $1,366.
Workplace Injuries Attorneys Serving
If you’re in the Omaha, Nebraska, area and have recently been injured in a workplace accident, call Salerno & Leavitt today to schedule a consultation. We can help you navigate your injury claim, appeal and contest a denial, and help you pursue the compensation you deserve. We also proudly serve clients in Council Bluffs, Iowa.