Administrative Services

STATE RISK MANAGEMENT

Nebraska State Employees Workers' Compensation

Benefits

This is for informational purposes only and in no way determines the benefits for which you may or may not be eligible.

Injured workers may be entitled to indemnity (wage compensation), reimbursement for medical expenses and/or vocational rehabilitation as a result of their injury.

  • Indemnity

    Indemnity benefits are not taxed.  The amount of the compensation the worker is entitled to depends on the length and degree of disability.

    Temporary Total Disability (TTD) is payable when the employee is disabled and cannot work for a temporary period of time.  TTD benefits are paid at 66 2/3% of the employee's average weekly wage, based on the employee's earning during the twenty six (26) weeks prior to the injury.  There are no indemnity payments for the first seven (7) days.  The employee is only paid retroactively for these first seven days if the disability extends beyond forty two (42) days.

    Temporary Partial Disability (TPD) is paid when a worker is able to return to work, but is not earning his or her pre-injury average weekly wage as a result of being assigned to alternate duty or a curtailed work week.  In this case, the employee is owed 2/3 of the difference between his or her average weekly wage and his or her current weekly wage.

    Temporary Total Disability or Temporary Partial Disability end when one of the following occurs:

    • A doctor releases the employee to full duty (Return to Work Form).
    • A doctor declares that the employee has reached Maximum Medical Improvement (MMI) for the injury
    • Temporary Total Disability ends when the worker returns to work
    • Temporary Partial Disability ends when the employee is earning the equivalent of or more than his or her pre-injury average weekly wage.

    Permanent Partial Disability is payable when an employee reaches maximum medical improvement for his or her injuries and is determined to have suffered a permanent impairment in accordance with the American Medical Association's Guide to permanent impairment.

  • Medical Benefits

    Medical care must be reasonable, necessary and directly related to a work injury.

    The injured worker may choose his or her own physician if he/she or an immediate family member has seen this physician prior to the injury.  If the employee does not choose a physician, the employer may choose a physician for him or her.

    Prescriptions are reimbursed if they are related to a work injury.

    Mileage to medical appointments may be reimbursed only if the required services are not available in the community where the employee works or lives or in a closer community than the one in which the employee is choosing to receive care.

  • Vocational Rehabilitation

    Workers whose injuries leave them with permanent restrictions may be eligible for vocational rehabilitation.  In order to be eligible, the employee must be unable to obtain other suitable employment as a result of these restrictions.  In developing a vocational rehabilitation plan, a number of goals are usually explored:

    • The plan may first attempt to return the employee to his old job.
    • The plan may attempt to place the employee in a new job with his or her old employer.
    • The plan may attempt to place the employee in a suitable new job with a new employer.
    • As a final option, the plan may try to retrain the employee through schooling or other vocational training.

    Any vocational rehabilitation plan must be court approved and must be agreed to by the employee and the employer's insurance carrier.

    If the plan is approved, the employee shall be paid total temporary disability during the course of rehabilitation.  In order to continue with his or her vocational rehabilitation program, the injured worker must take an active role in that program by:

    • Keeping the court, his/her counselor and insurer or employer informed of any changes in address, condition or any concerns about the program.  The employee must inform the court if he or she chooses to terminate involvement in the approved program.
    • The employee must comply with reasonable efforts to evaluate his or her condition and progress towards suitable employment.  He or she must also cooperate with efforts to facilitate his or her return to former employment or other suitable employment.
    • The employee must accept reasonable offer of employment from his or her old employer or a new, suitable employer.

     

 

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