Category Archives: Nebraska Workers’ Compensation

Time to Hire an Attorney?

July 19, 2014

Time to hire an attorney?

If you have been involved in a work place accident – you may wonder if you need an attorney – you may already be receiving weekly benefits. I would advise you to talk with an attorney. Why? Often, I see employees being shorted on their weekly benefit payments – employers not including bonuses, overtime, or other cash benefits in their calculations of your weekly benefit.

If you are already receiving temporary weekly benefit payments – I will not take a fee on those payments. However, I will ensure that your employer is paying you the correct amount.

As your healing progresses it becomes more important to seek legal advice. As you get closer to maximum medical improvement, the insurance carrier will want to close your case. They will often want you to settle for a lump sum with closure of your future medical benefits. The insurance carrier may make an offer that does not properly value the full extent of your injury and its effects on your future earnings and need for future medical treatment.

A recent example – an injured employee came into my office right before he was about to be placed at maximum medical improvement. His wrist had been crushed and he developed complex regional pain syndrome, which is a debilitating nerve injury that produces excruciating pain that can radiate through your body. Treatment options usually provide little relief and the pain remains for your life. He was offered under $10,000 for closure of his case. I took his case and procured a lump sum in excess of $450,000. He also retained his right to future medical treatment.

I will fight for you and ensure that you receive the workers’ compensation benefits provided for under the law. If you have a workers’ compensation case in Southwest Iowa, including Pottawattamie County, or Eastern Nebraska, including Sarpy and Douglas Counties call me.

Nebraska Workers’ Compensation

March 31, 2014

Employee’s Right to choose their Medical Provider

If injured in the course of employment, an employee can choose their own treating physician.  The employer must give notice to the injured employee of the right to choose their own family physician as the primary treating physician.  An employee’s family physician may choose to refer to another physician who provides specialized medical services.

If the employee does not give notice to the employer of the physician they are choosing, the employer will have the right to choose the primary treating physician.

An employee should always choose their own physician for treatment.

Even if an employee fails to choose his treating physician, the employee may choose the surgeon if it is determined that the employee will require a major surgical operation.