Nebraska Workers’ Compensation Defense for Employers & Insurers
Nebraska’s workers’ compensation system operates as a no-fault program that doesn’t require workers to show employer negligence to receive benefits. However, a no-fault system doesn’t prevent employers and insurers from disputing a claim based on injury causation, medical treatment necessity, or whether the injury occurred at work.
The Nebraska workers’ comp defense lawyers at Sodoro Law Group provide aggressive defense for employers and insurers against invalid workers’ comp claims.
PROTECTING YOUR BUSINESS IS WHAT WE DO
Employees can easily bring claims against their employers in the Midwest. And while an employer’s operations can open them to exposures, we have developed defense strategies to combat these claims and mitigate exposure.
Defending Claims in the Nebraska Workers’ Compensation Court
Nebraska’s workers’ compensation system follows specific deadlines and procedures to protect both parties’ substantial rights. The dispute and hearing process allows employees and insurers to raise valid legal defenses in response to a workers’ comp claim.
Employers are required to submit a First Report of Alleged Occupational Injury or Illness within 10 days of receiving notice of the injury. Insurers then have 30 days to investigate and approve or deny a claim.
When a workers’ compensation dispute arises, court procedures may include the following:
- Informal Dispute Resolution: Either party or the court can request informal dispute resolution with a mediator or staff member before or during litigation to attempt to reach a settlement out of court.
- Formal Petition: If informal resolution fails, the employee can file a petition naming the employer and insurance company as defendants. Once the petition is served, the employer/insurer must respond with an answer.
- Discovery: Both sides exchange evidence, including medical records, depositions, and expert opinions.
- Mediation: Some cases are sent to mediation for negotiation to see if a settlement can be reached with new evidence.
- Trial: The case is heard by a Nebraska workers’ compensation judge (no jury is present), during which both sides present evidence and witness testimony.
- Appeals: If the claim is denied at trial, the employee has 30 days to file an appeal.
Addressing Omaha Industrial Exposure and Workplace Claims
Industrial workplaces in Omaha are inherently high-risk environments, exposing employees to risks related to machinery malfunctions, repetitive motion injuries, chemical exposures, and crush injuries from heavy objects.
Industrial workplace claims are more likely to include cumulative build-up claims and increase legal exposure related to OSHA recordkeeping. In many cases, industrial workplace accidents can go beyond the scope of workers’ compensation recovery to involve third-party chemical manufacturers or equipment suppliers.
Our experienced Omaha employer defense attorneys understand the complexities of industrial exposure in workers’ compensations claims and can investigate all avenues of defense.
MMI and IME Defense Strategies for Nebraska Employers
Workers’ compensation cases frequently hinge on injury causation and severity. Employers have specific options to gather evidence regarding necessary medical treatment.
The most common types of medical evidence used for workers’ compensation defense include Independent Medical Examinations and Maximum Medical Improvement declarations:
- Independent Medical Examination (IME): An employer or insurance company chooses a physician for a claimant’s examination to determine whether the injury occurred in the course of employment, whether current treatment is necessary, and what physical restrictions should be imposed on the employee’s employment.
- Maximum Medical Improvement (MMI): MMI marks the point in the recovery phase when the treating physician decides the medical condition has stabilized and will not improve with continued treatment. This often marks a shift in benefits that ends temporary workers’ comp wage replacement benefits. It may also be the point at which an employee returns to work or attempts to negotiate a long-term settlement.
Employees are safe with us
Experts in Workers’ Compensation
We have dedicated the majority of our law practice to the workers’ compensation arena, which is why employers rely on us for successful representation. Our thorough approach has assisted in the development of strong partnerships with insurance carriers, self-insured clients and third-party administrators in the defense of hundreds of workers’ compensation claims and lawsuits.
Proven Success
Our victories at Trial and in the Appellate Courts provide a track record that you can rely on. Our firm has built a winning reputation, and we will take all measures to ensure that our victorious culture continues.
A Collaborative Approach
We believe achieving regular victories in workers’ compensation cases requires more than a single attorney. Our firm takes a collaborative team approach while deploying our aggressive defense. This includes regular case roundtables, weekly workers’ compensation meetings and constant communication with our clients.
Resources For You
Whether you have been handling workers’ compensation claims for years, or you are new to this nuanced niche, we have resources available that you can easily reference at any time to guide you along the way.
Retain a Trusted Nebraska Workers’ Comp Defense Lawyer Today
Nebraska’s no-fault workers’ compensation system and industrial exposure open employers and insurers to excessive workers’ comp claim risks.
We protect employers from false or unfair claims with a collaborative team approach to deploying an aggressive defense. Reach out today to schedule a consultation and learn more about employer workers’ compensation defense representation from Sodoro Law Group.
Employers are often unprotected and vulnerable when claims are brought against them.
You don’t have to be. We are always available to discuss specific cases or provide legal opinions on workers’ compensation throughout our Midwestern jurisdictions.