Why Am I Getting a Letter from The Work Comp Court?
…and from lawyers?
Injured workers in the state of Nebraska receive a First Report of Injury when someone, typically, their employer or their employer’s insurer files a report of injury with the Nebraska Workers Compensation Court.
These reports are public records and many law firms send letters to injured workers mentioned in the reports.
Employers are required to file a report (1) with the state of Nebraska, if an employee receives medical care for an injury, dies after an injury, misses work after an injury, is terminated after an injury or works in a modified or light duty capacity after an injury.
The only legal effect of the report is that it could start the clock on the two-year limit (2) to file a petition, or lawsuit, in the Nebraska Workers Compensation Court. The report is not a finding that your employer is required to pay workers’ compensation benefits for your injury. Basically, the report is a formal allegation that you were hurt at work.
Do you need a lawyer for Nebraska workers’ compensation claim?
Usually, solicitations from lawyers come shortly after you receive a First Report of Injury. But do you need a lawyer to handle your workers’ compensation claim?
If your employer or their insurer is paying your medical bills through workers’ compensation, paying you 2/3rds of your straight time gross pay, your employer isn’t hassling you about return to work, there isn’t a nurse case manager assigned to your case and your injury is to a finger, toe, foot, hand, wrist, ankle, knee, elbow or shoulder or a single eye or ear, then you are probably in good shape in the immediate future.
Usually injured workers call our firm about denied or delayed claims, issues with doctor choice or employers hassling them about return to work issues. But even if your employer/insurer is taking care of your injury in the beginning, they may balk at surgeries, extended lengths of time off work, payments of permanent disability and future care.
Regardless of whether your workers’ compensation claim is challenging or going smoothly there is no risk or harm of calling an attorney for a free consultation.
For More Information:
1) https://nebraskalegislature.gov/laws/statutes.php?statute=48-144.01
