Joy Shiffermiller - Workers Compensation

If you have been injured on the job, your sole remedy against your employer is generally workers' compensation. Workers' Compensation benefits are spelled out in Nebraska statues.

TEMPORARY DISABILITY PAYMENTS

Generally, you are entitled to payment of temporary total disability payments for any periods of time in which you have been rendered unable to work in any occupation. Your benefit is 2/3 of your average weekly wage for the 26 weeks prior to your injury, generally excluding overtime. You do not get raises on this amount.

PERMANENT PARTIAL DISABILITY

At such time as you reach maximum medical improvement, if you have a permanent injury, your doctor may rate the injury. If the injury is to a specific limb, there is a schedule in the statutes which provides the amount you are entitled to, assuming the percentage of disability is correct.

If instead your injury is to your back, neck, or head, it is likely what is referred to as a "body as a whole" injury. These injuries are also figured on a percentage, however it is more complicated than the scheduled member injuries listed above. Your doctor comes up with a percentage of impairment. Many times persons settle on this percentage, however under the law, your lost earning capacity should be assessed based on your limitations and what you can or cannot do. For example, a doctor may give as low as a five to ten percent physical impairment, but limit a person to lifting no greater than 10 pounds. If you were previously a nurse or a truck driver you may be unable to perform your job given your loss of physical function. In this instance you are entitled to having a vocational rehabilitation counselor appointed to determine your lost earning capacity which will likely be a much higher percentage. This vocational rehabilitation counselor can be a person agreed to by you or appointed by the court. Their fees are paid by the workers compensation insurance carrier.

Once a percentage is arrived at that percentage is applied to the disability benefit rate mentioned above, and figure over the remainder of weeks after subtracting your weeks paid for temporary total disability from 300 total weeks.

VOCATIONAL REHABILITATION

One important, and often overlooked, portion of workers compensation law is that if you have suffered a loss of earning capacity, whether your injury is to a scheduled member or a body as a whole, you may be entitled to vocational rehabilitation or training to get a different job. In rare circumstances you can be re-educated. The workers compensation carrier's responsibility during your retraining is to continue paying the Temporary Total Disability rate during this time.

SCHEDULE

For disability resulting from permanent injury of the following classes, compensation shall be:

For the loss of a thumb, sixty-six and two-thirds percent of daily wages during sixty weeks.

For the loss of a first finger, commonly called the index finger, sixty-six and two-thirds percent of daily wages during thirty-five weeks.

For the loss of a second finger, sixty-six and two-thirds percent of daily wages during thirty weeks.

For the loss of a third finger, sixty-six and two-thirds percent of daily wages during twenty weeks.

For the loss of a fourth finger, commonly called the little finger, sixty-six and two-thirds percent of daily wages during fifteen weeks.

The loss of the first phalange of the thumb or of any finger shall be considered to be equal to the loss of one-half of such thumb or finger and compensation shall be for one-half of the periods of time above specified, and the compensation for the loss of one-half of the first phalange shall be for one-fourth of the periods of time above specified.

The loss of more than one phalange shall be considered as the loss of the entire finger or thumb, except that in no case shall the amount received for more than one finger exceed the amount provided in this schedule for the loss of a hand.

For the loss of a great toe, sixty-six and two-thirds percent of daily wages during thirty weeks.

For the loss of one of the toes other than the great toe, sixty-six and two-thirds percent of daily wages during ten weeks.

The loss of the first phalange of any toe shall be considered equal to the loss of one-half of such toe, and compensation shall be for one-half of the periods of time above specified.

The loss of more than one phalange shall be considered as the loss of the entire toe.

For the loss of a hand, sixty-six and two-thirds percent of daily wages during one hundred seventy-five weeks.

For the loss of an arm, sixty-six and two-thirds percent of daily wages during two hundred twenty-five weeks.

For the loss of a foot, sixty-six and two-thirds percent of daily wages during one hundred fifty weeks.

For the loss of a leg, sixty-six and two-thirds percent of daily wages during two hundred fifteen weeks.

For the loss of an eye, sixty-six and two-thirds percent of daily wages during one hundred twenty-five weeks.

For the loss of an ear, sixty-six and two-thirds percent of daily wages during twenty-five weeks.

For the loss of hearing in one ear, sixty-six and two-thirds percent of daily wages during fifty weeks.

For the loss of the nose, sixty-six and two-thirds percent of daily wages during fifty weeks.

In any case in which there is a loss or loss of use of more than one member or parts of more than one member set forth in this subdivision, but not amounting to total and permanent disability, compensation benefits shall be paid for the loss or loss of use of each such member or part thereof, with the periods of benefits to run consecutively. The total loss or permanent total loss of use of both hands, or both arms, or both feet, or both legs, or both eyes, or hearing in both ears, or of any two thereof, in one accident, shall constitute total and permanent disability and be compensated for according to subdivision (1) of this section. In all other cases involving a loss or loss of use of both hands, both arms, both feet, both legs, both eyes, or hearing in both ears, or of any two thereof, total and permanent disability shall be determined in accordance with the facts. Amputation between the elbow and the wrist shall be considered as the equivalent of the loss of a hand, and amputation between the knee and the ankle shall be considered as the equivalent of the loss of a foot. Amputation at or above the elbow shall be considered as the loss of an arm, an amputation at or above the knee shall be considered as the loss of a leg. Permanent total loss of the use of a finger, hand, arm, foot, leg, or eye shall be considered as the equivalent of the loss of such finger, hand, arm, foot, leg, or eye. In all cases involving a permanent partial loss of the use or function of any of the members mentioned in this subdivision, the compensation shall bear such relation to the amounts named in such subdivision as the disabilities bear to those produced by the injuries named therein.

Please contact Joy by email:
joy@joyshiffermiller.com
or at:
402.484.7700
to set up an appointment to discuss your legal matter further.

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