What qualifies my claim for workers’ compensation benefits?

Posted by Tony Brock | Mar 03, 2021 | 0 Comments

Workers' compensation has guidelines for making a claim. You need to be sure that you qualify for the benefits before making a claim as not all situations will apply.

The Nebraska Workers' Compensation Court explains that you must meet four criteria to make a claim under the state workers' compensation system.

Location

You need to sustain your injury in the state. However, there are two exceptions to this rule. The first is if you are working under a contract made in Nebraska with an employer located in Nebraska. The second is if your work normally and mainly occurs within the state. In either instance, if your injury occurs in another state, you still qualify.

Your actions

Your injury cannot be the result of your own negligence. Willful negligence is when you act in a way where you know or should have known you could suffer an injury. In effect, it is your fault the injury happened because of your own actions.

Course of employment

Two of the criteria fall under the course of employment. The first is that the work you were doing at the time was under the employment of a company in the normal course of that company's business. The second is that your injury must occur during the normal course of your employment duties.

It is possible that you may have to provide information to clarify how you qualify under the four criteria when you submit your claim or during the course of the investigation into your claim. It is important that you ensure you meet all criteria and can prove that you do.

About the Author

Tony Brock

Attorney

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