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Nebraska Worker Disability Pay

A worker injured on the job may be entitled to cash benefits.  Determining your entitlement to cash benefits can depend on a lot of factors.  You will find below basic information every injured worker should know about work comp benefits.

Seven Day Waiting Period

After a worker is injured there is a seven day period before benefits are owed.  If the worker is off work for more than six weeks than he or she is owed benefits for the seven day waiting period.

Total Disability Benefits

A worker who is unable to work due to a work injury is entitled to total disability benefits.  Total disability benefits come in two forms:

  • Temporary Total Disability (TTD)
  • Permanent Total Disability (PTD)

Temporary and permanent total disability benefits are owed to an injured worker while he or she is unable to work due to the work injury.  The amount of the benefit is equal to two-thirds of his or her average weekly wage.  If a worker is able to return to work but has a permanent injury than the worker is owed partial disability benefits.

Partial Disability Benefits

Partial disability benefits come in two forms:

  • Temporary Partial Disability (TPD)
  • Permanent Partial Disability (PPD)

Temporary partial disability benefits are owed to an injured worker if he or she returns to work but earns less.  The amount of the benefit is equal to two-thirds of the difference between the worker’s wages at time of the injury and his or her earnings after the injury.

An injured work with a permanent injury is owed permanent partial disability.  The amount of permanent partial disability owed depends on a number factors.  The most important factor is whether the injury was to a scheduled member or to the body as a whole.

Scheduled Member InjuriesWorker Disability Pay Schedule

A scheduled member is a part of the body that is specifically stated in Nebraska Work Comp Law.  A full list of scheduled members is set out in the chart to the right.

Scheduled members are compensated based on loss of function.  A worker may experience a loss of function if he or she has lost strength or range of motion in the injured member.  If you have sustained a permanent impairment, your doctor should provide you with an impairment rating.  The impairment rating is expressed as a percentage and multiplied by the number of weeks specified by the law.  The result, multiplied by your work comp rate equals the amount of compensation you are entitled to for PPD.

Body As A Whole Injuries

A body as a whole injury is an injury to any part of the body that is not a scheduled member.  This also includes conditions such as depression, PTSD, and anxiety.  Body as a whole injuries are compensated based on loss of earning capacity.  Determining loss of earning capacity requires a detailed review of facts specific to the injured worker.  The loss of earning capacity is expressed as a percentage and multiplied by your workers’ compensation wage rate to determine the amount of your benefit.

To Sum Up. . .

From the time a worker is injured until he or she medically recovers, there are different kinds of benefits that a worker may receive.  Determining a worker’s entitlement to each of these kinds of benefits requires a review of the specific facts for that worker’s claim.  If you are an injured worker you should seek the advice of a workers’ compensation lawyer to make sure you maximize your recovery.