Chris and James Welsh of Welsh & Welsh
Proudly fighting for the Omaha community for over 65 years.

What Are My Options After a Workplace Accident?

Published on Mar 9, 2017 at 4:56 pm in Premises Liability.

If you are injured in an accident at work, chances are very good you are entitled to workers’ compensation.  Almost every employee in the state of Nebraska is entitled to workers’ compensation benefits under the Nebraska Workers’ Compensation Act.  This law covers employees of private industry, state and local government, part-time employees, minors, and employees of charitable organizations.

An injured employee is entitled to benefits if the injury was caused by an accident or disease during or as a result of their employment and as long as the employee was not acting negligently.  Employers typically obtain a workers’ compensation insurance policy.  In exchange for the right to receive these benefits from their employer, the employee must forfeit their right to bring legal action against the employer for damages that result from workplace accidents and injuries.

It is important to immediately report any incident to your supervisor.  Even if you are not injured, your report might encourage safety policy updates that ultimately prevent future accidents and and coworkers being injured.  Accidents and work injuries have to be filed in a timely manner to be eligible for workers’ compensation.  A report in writing is always preferred.  And it is important to file your report right away so that you do not lose any of your legal rights.

You should see a doctor as soon as possible after any workplace accident.  Of course if the injury warrants it, go immediately to the Emergency Room for medical treatment.  But if the injury is not serious, you will need to check with your employer to see if you must see a certain doctor or may see the doctor of your choice.

It is the responsibility of your employer to file a workers’ compensation claim with their insurance company on your behalf.  Obtain a copy of the claim for your personal records.  This may be useful if you are forced to take legal action later.  If you reported your accident but did not know you were injured at the time, tell your employer as soon as you discover your injury.

Employers and property owners in Nebraska are required by law to constantly maintain a safe environment.  Broken stairs and handrails, spills, and damaged walkways must be clearly and adequately marked with warning signs until properly repaired.  Failure to comply with safety laws makes them financially liable for any injuries that occur as a result of their negligence.

If you or someone you love has experienced an injury due to a workplace accident or premises liability accident, contact Welsh & Welsh, Omaha, NE premises liability lawyer.  Our attorneys are experienced in handling workers’ compensation and premises liability claims and can help you determine what benefits you are entitled to receive.  If your employer disputes your claim, Welsh & Welsh will fight to get you the benefits you deserve.  Contact our legal team today for a free, zero-obligation consultation of your case.