Trusted Omaha Workers’ Compensation Attorneys
The relationship between employer and employee gives all the power to the side that provides both the opportunity and income. They tell you what to do, schedule the hours that you work and pay you what they think you are entitled to. When you suffer an injury while working, Nebraska statutes dictate what happens next. Laws are in place to protect injured employees and secure compensation for lost wages and medical expenses.
Workers’ compensation is not at all a “do-it-yourself” process. Following the accident that left you seriously injured, adjusters and nurse case managers will tell you that everything they do is in your best interests. Providing them with any information should be avoided. You need an ally, advocate and spokesperson.
Whether you are a documented or undocumented worker, you need attorney James Walz. At Walz Law Offices, we take on all aspects of workers’ compensation claims that range from falls to permanent spinal cord damage. Your job is to recover from the injuries you suffered on the job. Our job is to ensure that you receive the benefits you deserve.
The Types Of Workers’ Compensation We Handle
A workplace accident can happen to workers in various Omaha industries. You could be injured in an office, while making deliveries or on a construction site. Workers are entitled to seek compensation through their employer for any work-related injuries, regardless of their immigration status. Whether you are a documented or undocumented worker, you still “created wealth” for your employer. If you have been injured while working, you are entitled to compensation, whether you are in the country legally or not.
At Walz Law Offices, we have handled complex workers’ compensation cases for Omaha residents for years. We focus on the following types of claims:
Trucking And Railroad Injuries
The trucking and railroad industries are the backbone of American commerce. Walz Law Offices knows how essential these employees are to our way of life and the dangers they face on a daily basis. Burns, electrical injuries, crush injuries, traumatic brain injuries, hearing loss and amputation are some of the many types of injuries workers can face in these fields.
Industrial Accidents
Industrial accidents can occur in a split second or over the course of years. Are we talking in riddles now? Not at all. Many industrial jobs entail doing the same task dozens or even hundreds of times a day, resulting in what’s known as repetitive stress injuries.
Manufacturing, energy production and other fields that require working with heavy equipment or volatile substances are some of the best-paying jobs in Nebraska. However, workers are at high risk of injuries due to the tools and materials they work with on a daily basis. These jobs can lead to machinery accidents, burns, toxic exposure, hearing loss and much more.
Construction Accidents
One out of five workers killed on the job in the United States is a construction worker – a sobering statistic but not a surprising one. Construction sites are dangerous due to the use of machinery and often working from high locations. Falls are common accidents that can lead to broken bones, spinal cord injury, head trauma and much more. Other injuries workers in construction may face include burns, electrocution, repetitive motion injuries and chemical exposure.
Why You Need An Attorney
Workers’ compensation is a complex area of law. While you are entitled to seek compensation, many employers may try to minimize your benefits or take retaliatory action against you for filing a workers’ compensation claim. This can often scare injured workers away from getting the compensation they deserve, especially if they are undocumented.
However, you have rights as a worker, and you deserve to seek compensation if you’re injured on the job. Workers’ compensation can help cover your medical expenses, lost wages and other damages related to your injury. If your employer tries to retaliate by demoting or firing you, an attorney can help you protect your career. An attorney can also help you prepare your workers’ compensation claim, negotiate with your employer’s insurance and represent you in court if necessary to achieve the best possible outcome.
Our attorneys also have experience assisting injured workers with their application for Social Security Disability. Let us know if you are interested in this service.
Frequently Asked Workers’ Compensation Questions
Navigating the aftermath of a work injury can be stressful and overwhelming. We’ve compiled answers to some common questions from clients to help give you peace of mind and reassurance as you proceed with your case.
Do I need an attorney if I am an injured worker in Nebraska?
If you’ve been injured on the job, understanding your rights under Workers’ Comp is crucial. Navigating the Workers’ Comp process in Nebraska can be complex, but knowing your entitlements can make all the difference. Workers’ Comp rights cover everything from medical expenses to lost wages and job security. Many injured workers are unaware of the benefits they qualify for or how to access these benefits effectively.
What does workers’ compensation cover in Nebraska?
Workers’ Compensation benefits in Nebraska provide financial and medical support to injured workers. Coverage generally includes medical expenses, lost wages, and rehabilitation services, depending on the nature and extent of the injury. In cases of permanent injuries, Workers’ Compensation may also cover long-term disability payments. It’s essential for injured workers to know that Nebraska law mandates Workers’ Compensation coverage for most employees. The specifics, however, vary based on individual circumstances, making it beneficial to consult with a Workers’ Compensation lawyer to ensure you receive all available benefits.
Can I file my own workers’ compensation claim?
Filing a Workers’ Comp claim in Nebraska involves multiple steps, starting with notifying your employer. Nebraska law requires that you report your injury promptly to ensure eligibility for Workers’ Compensation benefits. Failure to report in a timely manner can lead to claim denial or delay in processing your claim for injury. After notifying your employer, you’ll need to complete necessary paperwork and provide medical documentation. This documentation will be essential in proving your injury and securing benefits. Generally, an attorney who works in Workers’ Compensation can provide guidance on completing your claim correctly.
What if I don’t understand what the doctor is telling me?
Medical documentation plays a vital role in Workers’ Compensation claims. As an injured worker, it’s your responsibility to provide accurate and comprehensive medical records to support your claim. Injured workers must seek prompt medical attention, follow treatment recommendations, and keep detailed records of all medical visits. If unsure, you should contact a Workers’ Compensation attorney who can help interpret medical records and communicate effectively with the insurance company to support your claim. This support is crucial, especially in cases where the employer’s insurance may dispute the claim’s validity.
Can I negotiate with the insurance myself after a work injury?
While you’re not required to hire a lawyer, having legal representation can be invaluable. Our experienced workers’ compensation attorneys will negotiate with the insurance companies. We will protect your rights and aim to ensure you receive fair compensation. In cases where a claim is disputed or denied, a Workers’ Compensation lawyer in Nebraska can guide you through the appeals process. This legal support can make a significant difference, especially when your benefits are at risk.
What if the employer or insurance does not seem to be helping after an injury?
Workers’ Comp claims often face challenges, such as delays in payments, claim denials, or disputes over the extent of the injury. Understanding these challenges and preparing for them can make the process smoother. Working with a Workers’ Compensation lawyer can help you avoid common pitfalls. Common issues include insurance company delays and denials or employers disputing the injury occurred at work. By knowing your rights and having a legal advocate, you can counter these obstacles and ensure your claim proceeds as smoothly as possible.
Will I have to go to trial?
Settlement is a common outcome in Workers’ Compensation cases. This option allows injured workers to receive a lump sum or structured payments in exchange for closing the case. However, once a settlement is accepted, you may waive future rights to additional benefits. It is likely best to consult with a Workers Compensation attorney before agreeing to a settlement. An attorney can help you evaluate the fairness of the offer and advise if it’s in your best interest based on the extent of your injuries and long-term needs.
What happens if the claim is denied?
Claim denial doesn’t have to be the end of your rights. You have the right to contest a denial, but the process can be complex. Fighting the insurer requires evidence, documentation, and potentially a hearing before a judge. If you are being denied, contact a Workers’ Compensation lawyer promptly to discuss your options. An attorney can guide you through the appeal, helping you present a strong case to overturn the initial decision and secure the benefits you need. You must file a lawsuit within two years of the accident or lose you right to benefits.
Do I have to go to the doctor the employer sends me to?
Nebraska law entitles you to see your usual physician if you have one. Your treating physician knows you best and can see the effect of your work-related injury. You can also change doctors, or see a specialist, if your primary care physician refers you. You should not, and do not have to, settle for the insurance company’s suggested physician. In addition, you must comply with your treating doctor’s advice and restrictions to avoid further injury. If you do not follow your doctor’s suggestions, your workers’ compensation claim may be denied by the insurance company, and your benefits will be reduced or cease completely.
What if I had a problem in this part of my body before a work accident, but it is worse now?
If you had a preexisting injury that was made worse by a work-related injury, you are still entitled to benefits in Nebraska if your treating physician determines, in their opinion, that the work accident made your previous injury worse. You should tell your providers about preexisting conditions and be sure to tell your attorney truthfully whether you had an old injury. You should tell your doctor what you know of the details of your preexisting condition and how your work-related accident has worsened this condition.
How long can I stay on workers’ comp?
There is no simple answer to this question because it depends on the nature and extent of your injury and because there are several types of workers’ compensation benefits, each with different rules, and benefit timelines can vary depending on the nature and extent of your injury.
What if I can’t return to my occupation as a result of my injury?
If you have suffered a workplace injury and are unable to return to work, you may be eligible for vocational rehabilitation services through the Nebraska Workers’ Compensation Court. Depending on your loss of earnings, the court may order a plan that brings you back to your earning power through retraining or even sending you back to school. The cost of the retraining is paid by the state of Nebraska, and you will receive 100% of your weekly benefit as long as you are successfully completing the plan established by a vocational expert tailored to your specific needs.
Take Action And Contact Walz Law Offices
Time is of the essence following an accident at work. Before speaking to anyone, contact Walz Law Offices in Omaha. You can reach us by calling 402-998-5044 or sending us an email. We offer free initial consultations to discuss your case. For Spanish-speaking residents, we have staff who are fluent in the language.