Who is at Fault?
When putting together your industrial injury case, one of the most important first steps is to establish fault. You must consider all possible parties that could be held liable for your accident, including:
- Your employer - Did they maintain a safe workplace? Do they carry workers’ compensation insurance?
- Your coworkers - Did they operate heavy machinery while fatigued or under the influence of drugs, alcohol, or prescription medication?
- Manufacturers - Did a member of the chain of distribution supply your workplace with defective machinery, parts, or tools?
When determining fault, Nebraska abides by the comparative negligence law. This means a plaintiff’s compensation would be diminished proportionally if he or she is found to have some level of liability for the accident. For example, if you are found to be 20% liable for your industrial injury, your compensation would be reduced by 20%. This means that if you are awarded $100,000 in compensation, you would only be able to collect $80,000 since you were found to be 20% liable for the accident. If it is determined that you were 50% or more liable for the accident, you may not be eligible to recover any damages.
Filing an Insurance Claim
Hiring an industrial injuries attorney can simplify the claim-filing process. At Harris & Associates, P.C., L.L.O., we’re well versed in Nebraska workers’ compensation laws and can handle all of the paperwork needed to file a claim. We’re also happy to answer any questions or concerns that you have along the way, so you can feel confident knowing we’ll investigate all avenues for possible compensation.
Determining Possible Compensation
The Nebraska Department of Administrative Services oversees the state’s workers’ compensation. Workers’ compensation provides the following to employees who were injured at work and were not willfully negligent:
- Indemnity, or compensation for lost wages. Nebraska pays out two-thirds of an injured employee’s average income after a seven-day waiting period.
- Medical expenses directly related to the injury. These benefits may cover ambulance and emergency services, hospital stays, X-rays, surgeries, prescription medications, and more.
- Vocational rehabilitation, which helps place injured employees in new positions when their injuries prevent them from returning to their previous jobs.
Despite state-provided benefits, workers’ compensation insurance does not cover every loss you may suffer as a result of your industrial injury. It fails to account for non-economic damages. If your insurance provider has paid out its maximums, you might consider filing a personal injury lawsuit to pursue additional compensation or benefits.
Work with an Experienced Personal Injury
Attorney in Omaha, Nebraska Today
An attorney can be a valuable resource for you when filing an industrial injury claim. Your attorney may be able to help you recover compensation for:
- Additional medical expenses, including future medical costs in the event of a permanent disability
- Additional lost wages beyond workers’ comp coverage
- Lost earning capacity in the event of a permanent disability
- Pain and suffering
- Loss of consortium (losses filed by a family member or loved one)
If you or someone you know has been injured in an industrial accident, contact Harris & Associates, P.C., L.L.O. in Omaha, Nebraska, for the legal representation you deserve. When you bring your industrial injury case to us, we’ll work with you to evaluate the details of your case, file an insurance claim, and help you determine the best path forward.