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Worker’s Compensation Lawyer Omaha Lincoln Nebraska Worker’s Compensation Lawyer Omaha Lincoln Nebraska
Ask a Lawyer with Mike Dyer.
Hi, Steve Sleeper here with Worker’s Compensation Lawyer Omaha and Lincoln Nebraska Mike Dyer. Mike, an obvious question; what is workers compensation?
[Mike] Workers compensation is a set of statutes and laws. Chapter forty eight of the Nebraska law specifically spells out the rights of an injured employee. And because they’re in the statute, those rules should be looked at like every other statute.
Workers compensation is figured over time. If you work forty hours a week and you’re working at x dollars an hour, you should be paid for those forty hours. If you’re work fifty hours you should be paid fifty hours at X dollars. Between 40 and 50 hours, you should get time and a half.
Everybody understands that’s the law. The law for worker’s compensation is written accordingly and it gives you the same rights.
With worker’s comp, you’re allowed to see your own doctor. You’re allowed to pick your own surgeon if you need to have surgery. You get paid and compensated for mileage. You have all your treatment paid for. If you’re left with a permanent impairment or permanent restriction; depending on your injury, there’s compensation for that.
There’s no pain and suffering allowance in worker’s compensation. It’s statutory. The law says, this part of your body, if you’re hurt, gets this much and there’s formulas they work with. So if you hurt your arm or your hand, you get so many weeks of benefits. If you hurt above your elbow – you’d get 225 weeks of benefits for your shoulder.
What does that mean? Take how much you were making a week before, calculate that out. Two thirds would be an average over twenty six weeks. Then they take that fraction and pay you for those weeks.
If you have an injury to your spine, your neck or your back; the impairment your doctor gives you is not nearly as important as the loss of earning evaluation. If you have a neck or a back injury, workers’ comp looks at that completely different than if you had a knee or elbow injury.
And they ask, “What’s your loss of earning ability?” They will factor in your age, your education, your skills, your training and your experiences. They’ll take a look at a functional capacity evaluation that’s usually a multi-hour test and see how much lifting, pulling, stretching, stepping and carrying you can do. It will put you in a certain work category and a vocational rehabilitation counselor will take all that information and come up with a loss of earning percentage. If you can’t go back to doing the kind of work you were doing; the vocation rehabilitation counselor can help you find another job. If that doesn’t work, they’ll get you some education.
Thanks Mike. For a free consultation and free copies of Mike’s informative books, “7 Costly Mistakes Nebraska Accidents Victims Make” and “7 Common Mistakes that can Destroy Your Worker’s Compensation Case” – go to DyerLaw.com or call 888-DYERLAW (393-7529). Worker’s Compensation Lawyer Omaha Lincoln Nebraska
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