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Walz Law Offices | WLO | By The Greater Weight

402-998-5044

Your Legal Advocates
When Life Gets Complicated

Trusted Omaha Workers’ Compensation Attorneys

When you’re injured at work, the power imbalance is real. Your employer controls your paycheck, your schedule, and often your access to medical care. After a workplace injury, Nebraska workers’ compensation laws are supposed to level the playing field—but insurance companies don’t make it easy.

Don’t handle this alone. After your injury, you’ll deal with insurance adjusters and nurse case managers who seem helpful but work for the insurance company, not you. They’ll ask for recorded statements, push you toward their doctors, and pressure you to settle quickly. Without an attorney, you’re at a serious disadvantage.

At Walz Law Offices, we represent all injured workers throughout Nebraska—regardless of immigration status. We handle virtually every type of workers’ comp claim, from repetitive stress injuries to catastrophic, permanent disabilities. While you focus on recovery, we handle the insurance company, protect your rights, and fight for the full benefits you’re entitled to under Nebraska law.

Types of Workers’ Compensation Cases We Handle

We represent workers across every major industry in Nebraska—whether you’re injured in an office, hospital, warehouse, construction site, or while making deliveries.

We have extensive experience representing workers in:

Whether you’ve suffered a catastrophic injury in a single accident or developed a repetitive stress condition over time, we fight to secure the full workers’ compensation benefits you deserve—including medical treatment, wage replacement, and permanent disability compensation.

Claim Denied? We appeal wrongful denials and represent you before the Nebraska Workers’ Compensation Court.

 

Types of Workers’ Comp Disability Benefits in Nebraska

The type of disability you have is a crucial factor that determines the amount and duration of the benefits you receive from your workers’ compensation claim. Generally, these classifications depend on whether your disability is temporary or permanent and whether you can return to work, including:

  • Temporary total disability (TTD): This is for workers who are completely unable to work while recovering from their injury. TTD benefits typically apply when your doctor says you cannot work at all, you’re recovering from surgery, or your employer doesn’t have work available within your medical restrictions. Benefits are paid weekly until you reach Maximum Medical Improvement (MMI) or your doctor clears you to return to work.
  • Temporary partial disability: This covers situations where your doctor gives you the clearance to return to work, but it comes with restrictions that reduce your hours or the type of work you can do. Since this often results in a loss of income, you may be eligible for benefits to compensate for a portion of the wages you have lost.
  • Permanent partial disability: If you have a lasting injury that doesn’t completely prevent you from working, your doctor may assign a permanent impairment rating. This can depend on the type of injury you received and the percentage of impairment. The permanent impairment rating is also a crucial factor in the final benefit amount you may receive from your claim.
  • Permanent total disability: This applies to injuries so catastrophic that they prevent a worker from ever returning to the workforce. This classification entitles you to ongoing, long-term benefits for the rest of your life.

Understanding these classifications is essential because they are directly tied to the financial support you receive after a work accident. Determining when you’ve reached MMI and establishing the correct disability rating is a critical part of the process. Having an experienced lawyer on your side can help you secure the full compensation you need to move forward.

Why You Need an Attorney

The insurance company has one goal: pay you as little as possible. They have experienced adjusters, nurse case managers, and lawyers working to minimize your claim—and they’re counting on you not knowing your rights.

Here’s how we level the playing field:

We handle the insurance company tactics.No recorded statements that can be used against you. No pressure to settle before you know the full extent of your injuries. No accepting their first lowball offer.
We protect you from retaliation.Nebraska law prohibits employers from demoting, firing, or punishing you for filing a workers’ comp claim. If they try, we hold them accountable.
We maximize your benefits.From securing proper medical treatment to calculating accurate disability ratings to negotiating settlements, we make sure you get every dollar you’re entitled to under Nebraska law.
We represent you in court.If your claim is denied or disputed, we take your case before the Nebraska Workers’ Compensation Court and fight for your rights.

We also help injured workers apply for Social Security Disability benefits when their injuries prevent them from returning to any type of work.

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.

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.

You’re not legally required to hire an attorney, but having one significantly increases your chances of getting the full benefits you deserve. Here’s why most injured workers benefit from legal representation:

Insurance companies have adjusters and lawyers working to minimize what they pay out. They know the system inside and out, and they’re not on your side—even when they act friendly. Our attorneys level the playing field by protecting you from common tactics like early settlement offers, recorded statements used against you, and claim denials based on technicalities.

When you should definitely hire a workers’ comp attorney:

  • Your claim has been denied or delayed
  • Your injury is severe or will cause permanent disability
  • You’re being pressured to return to work before you’re ready
  • Your employer is retaliating against you for filing a claim
  • The insurance company is offering a settlement that seems too low
  • You’ve reached Maximum Medical Improvement (MMI) and disagree with your disability rating

At Walz Law Offices, we offer free consultations and work on contingency—meaning you don’t pay unless we win your case. There’s no risk in getting legal advice, but there can be significant risk when trying to face the insurance company alone.

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 the 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.
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.

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 that 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.

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.

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 your right to benefits.

Learn more about denied workers’ comp claims and your legal options.

No. 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.

File it yourself. In Nebraska, you don’t have to wait for your employer to file your workers’ compensation claim—you can file directly with the Nebraska Workers’ Compensation Court.

Why employers don’t file claims:

Some employers “forget” on purpose, hoping you’ll give up or miss the statute of limitations. Others genuinely don’t understand the process, especially smaller businesses. Either way, their failure to file doesn’t eliminate your rights, but it does put the burden on you.

What you need to do immediately:

  1. Document everything. Keep records of when you reported the injury, who you told (names, dates, emails, witnesses), and any written proof you notified your employer.
  2. See a doctor and make sure it’s documented as a work injury. Don’t just say you hurt your back—tell your doctor exactly how it happened at work. This creates a medical record linking your injury to your job.
  3. File the claim yourself. You have two years from the date of injury, but don’t wait. The longer you delay, the harder it is to prove your case, and the more the insurance company can argue you weren’t really hurt.
  4. Contact a workers’ comp attorney. If your employer hasn’t filed your claim, there’s likely a reason—and it’s usually not in your favor. An attorney can file the claim for you and deal with the pushback.

Don’t assume your employer is handling it. If weeks have passed and you haven’t heard anything about your claim, it probably wasn’t filed. Take action before you lose your rights.

Yes. Nebraska workers’ compensation covers both pre-existing conditions that were aggravated by work and repetitive stress injuries that developed gradually on the job.

Pre-existing conditions made worse by work:

If you had a previous injury that your work accident aggravated, you’re still entitled to benefits—as long as your treating physician determines the work incident made your condition worse. Be upfront with your doctor and attorney about any prior injuries. Explain what you know about your preexisting condition and specifically how the work-related accident worsened it.

Repetitive stress injuries:

You don’t need a single accident to have a valid claim. Injuries from repetitive job duties are covered, including:

  • Carpal tunnel syndrome
  • Tendonitis
  • Shoulder injuries from repetitive lifting
  • Back injuries from ongoing strain
  • Etc.

Why these claims often get denied:

Insurance companies often argue these gradual injuries or those that worsened pre-existing conditions weren’t actually caused by work. Your medical records need to clearly link your injury to your specific job duties. Your doctor’s opinion on this connection can make or break your claim.

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.

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.

Maximum Medical Improvement (MMI) is the point when your doctor determines your condition has stabilized and isn’t expected to improve significantly with additional treatment. This doesn’t mean you’re fully healed—it means you’ve reached a medical plateau.

What happens when you reach MMI:

  • Your doctor assigns a permanent impairment rating (if you have lasting limitations)
  • The insurance company may try to cut off your benefits
  • Your case moves toward settlement or a hearing
  • You may qualify for permanent disability compensation

Why MMI is critical to your workers’ comp case:

This is often when insurance companies push hardest for a low settlement. They know many injured workers don’t understand that reaching MMI doesn’t end your right to benefits—especially if you have permanent restrictions or need ongoing treatment.

Your impairment rating at MMI directly affects your permanent disability compensation. A difference of even a few percentage points can mean thousands of dollars. Don’t accept the first rating or settlement offer without having an attorney review it.

If you’re approaching MMI or disagree with your impairment rating, contact us before you sign anything.

Talk to a Workers’ Comp Lawyer Today

The sooner you call, the better we can protect your rights. Contact Walz Law Offices at 402-998-5044 for a free, no-obligation consultation. We’ll review your case, answer your questions, and tell you exactly what to do next. Submit our online form or call now. Spanish-speaking staff available.