If you've been injured on the job in Nebraska, what you do in the hours and days after your injury can make or break your workers' compensation claim. The steps you take now — from reporting the injury to choosing your doctor to handling the insurance company — directly affect whether you receive the benefits you're entitled to.

Insurance companies look for any reason to deny, delay, or minimize your claim. A missed step, a delayed report, or an offhand comment to an adjuster can be used against you. This guide walks you through exactly what to do after a workplace injury in Nebraska so you can protect your health, protect your claim, and protect your rights.

 Why This Guide Matters. Our senior partner spent over 40 years as defense counsel for major insurance carriers. He knows exactly what insurers look for when evaluating whether to accept or deny a claim — and what mistakes injured workers make that cost them benefits. This guide is built on that insider knowledge.

Nebraska Workers' Comp — Key Deadlines & Facts

Report Injury to Employer
"As soon as practicable" — report the same day if possible
Employer Files First Report
Within 10 days of notice of injury (with the NE Workers' Comp Court)
Statute of Limitations to File Claim
2 years from date of injury
Waiting Period for Wage Benefits
7 calendar days — if disability exceeds 6 weeks, the first 7 days are also paid
Insurer Investigation Period
30 days from notice of injury to begin providing benefits

Step-by-Step: What to Do After a Workplace Injury in Nebraska

1

Get Medical Attention Immediately

Your health is the top priority. If you need emergency care, call 911 or go directly to the nearest emergency room. For non-emergency injuries, seek medical treatment as soon as you can — ideally the same day.

When you see the doctor, make sure you tell them the injury is work-related. Describe exactly how the injury occurred and list every symptom you're experiencing, even ones that seem minor. Your medical records will become a critical piece of evidence in your workers' compensation claim.

Pro Tip: Don't downplay your symptoms to the doctor. If your back hurts and your shoulder hurts, report both. Omitting symptoms now can make it harder to get treatment for them later — the insurance company will argue those symptoms aren't related to the work injury.
2

Report the Injury to Your Employer

Nebraska law requires you to notify your employer of a workplace injury "as soon as practicable." While the statute doesn't specify a hard deadline, any delay in reporting gives the insurance company ammunition to deny your claim.

Report the injury to your supervisor or employer the same day it happens. If possible, do so in writing — an email, a text message, or a written note — so there is a documented record. Include the date, time, location, and a brief description of what happened and what injuries you sustained.

Once your employer receives your report, they are required to file a First Report of Alleged Occupational Injury or Illness with the Nebraska Workers' Compensation Court within 10 days.

Warning: Verbal-only reports are risky. If there's a dispute later about whether or when you reported the injury, it becomes your word against your employer's. Always create a written record.
3

Complete the Form 50 — Choose Your Doctor

Your employer is required to provide you with a Form 50 (Choice of Doctor) at the time of your injury. This form is important because under Nebraska law, you have the right to choose your own treating physician — but there's a condition.

The physician you select must maintain your prior medical records or the records of an immediate family member. This typically means your existing primary care doctor or a specialist you've previously seen. If you do not select a physician on the Form 50, your employer has the right to choose one for you — and that doctor may not have your best interests in mind.

Pro Tip: Choose your own doctor whenever possible. A physician who knows your medical history is better positioned to accurately document how the work injury has affected you — which strengthens your claim.
4

Document Everything

Thorough documentation is one of the most powerful tools you have in a workers' compensation claim. Start documenting immediately and continue throughout your treatment and recovery.

Here's what to document:

  • Photos of the accident scene, the hazard that caused the injury, and any unsafe conditions
  • Photos of your visible injuries (bruising, swelling, lacerations) — take new photos as they develop
  • Names and contact information of any witnesses to the accident
  • A written account of exactly what happened — when, where, how, and what you felt
  • A log of every medical appointment, treatment, prescription, and medical device
  • Copies of all medical records and bills
  • A record of all time missed from work and any work restrictions your doctor places on you
  • Copies of any written communications with your employer about the injury
  • Mileage to and from medical appointments (this is reimbursable under Nebraska law)
5

Follow Your Doctor's Instructions Exactly

This may sound obvious, but it's one of the most important steps — and one of the most common ways injured workers unintentionally harm their claim.

Attend every scheduled medical appointment. Follow your treatment plan. Take prescribed medications. Comply with work restrictions — if your doctor says no lifting over 10 pounds, do not lift over 10 pounds, even if you feel you can.

Insurance companies actively look for evidence that you are not following your doctor's orders. They may use surveillance or social media monitoring to catch you doing something that contradicts your restrictions. If the insurance company can show you aren't following your treatment plan, they can argue your benefits should be reduced or cut off entirely.

Warning: Be careful what you post on social media. A photo of you at a family event or lifting a child can be taken out of context and used against you by the insurance company. Many adjusters and defense attorneys actively monitor injured workers' social media accounts.
6

Do NOT Give a Recorded Statement to the Insurance Company

Shortly after you report your injury, a workers' compensation insurance adjuster will likely contact you. They may seem friendly and concerned about your well-being. But make no mistake — the adjuster works for the insurance company, not for you. Their job is to minimize what the insurance company pays.

The adjuster may ask you to provide a recorded statement about the injury. You are not required to do this. Recorded statements are designed to lock you into a version of events that can be used against you later. Even innocent, well-intentioned answers can be twisted to cast doubt on your claim.

Pro Tip: It is perfectly acceptable to tell the adjuster: "I'd like to speak with an attorney before providing any statements." This protects your rights and does not negatively affect your claim.
7

Contact a Workers' Compensation Attorney

You are not required to have an attorney to file a workers' compensation claim in Nebraska — but having one dramatically improves your outcome. Insurance companies have experienced legal teams whose entire job is to minimize your benefits. You deserve someone equally experienced fighting on your side.

The earlier you involve an attorney, the better. An experienced workers' compensation attorney can:

  • Handle all communications with the insurance company so you don't say anything that hurts your claim
  • Ensure your employer and their insurer meet all legal obligations and deadlines
  • Challenge biased Independent Medical Examinations (IMEs)
  • Make sure you receive all benefits you're entitled to — medical, wage replacement, permanent disability, vocational rehabilitation, and mileage
  • File a formal claim with the Nebraska Workers' Compensation Court if your claim is denied or disputed
  • Evaluate whether a third-party liability claim could provide additional compensation

At Johnson Tabor & Johnson, we handle workers' compensation cases on a contingency fee basis — you pay nothing upfront and no attorney fees unless we win your case. Your initial consultation is completely free.

Common Mistakes That Can Hurt Your Workers' Comp Claim

After 40+ years on the insurance defense side, our senior partner has seen every mistake in the book. Here are the most damaging ones — and how to avoid them:

Waiting to Report

Delaying your injury report — even by a few days — gives the insurance company a reason to question whether the injury really happened at work. Report the same day.

Downplaying Symptoms

Telling the doctor "it's not that bad" can come back to haunt you. If your medical records say mild pain but you later need surgery, the insurer will use that inconsistency against you.

Giving a Recorded Statement

Providing a recorded statement before talking to an attorney is one of the single most harmful things you can do. The adjuster's job is to find reasons to deny your claim.

Skipping Appointments

Missing medical appointments or ignoring doctor's orders gives the insurance company evidence that your injury isn't serious — or that you're not making a good-faith effort to recover.

Posting on Social Media

Photos and posts can be taken out of context. Something as innocent as a family birthday photo can be used to argue you're not as injured as you claim.

Accepting a Quick Settlement

Insurance companies sometimes offer fast, low settlements hoping you'll accept before you understand the full extent of your injuries. Never accept a settlement without legal advice.

Workers' Comp Benefits You May Be Entitled To

Nebraska workers' compensation provides several categories of benefits to injured workers. Understanding what you're owed is essential to making sure you receive fair compensation. For a detailed breakdown of each benefit type, visit our Nebraska Workers' Compensation Benefits Explained page.

Medical Benefits

All reasonable and necessary medical treatment — surgeries, therapy, prescriptions, imaging, medical devices, and mileage reimbursement.

Temporary Disability

Wage replacement while unable to work. Benefits begin after a 7-day waiting period and are based on your average weekly wage.

Permanent Disability

Compensation for lasting impairments — including both scheduled injuries (specific body parts) and body-as-a-whole injuries based on loss of earning capacity.

Vocational Rehabilitation

Job retraining and placement assistance if you cannot return to your previous job due to your injuries.

Serving Injured Workers Across Nebraska

Johnson Tabor & Johnson represents injured workers throughout the state of Nebraska, including:

  • Omaha — Bellevue, Papillion, Elkhorn, Millard, La Vista
  • Lincoln & Lancaster County
  • Grand Island & Hall County
  • Kearney & Buffalo County
  • Norfolk & Madison County
  • Columbus & Platte County
  • North Platte & Lincoln County
  • Scottsbluff & the Panhandle
  • Sidney & Cheyenne County

Plus all surrounding communities across Nebraska and western Iowa. Whether you work in construction, healthcare, manufacturing, agriculture, or any other industry — we're here to help.

Frequently Asked Questions: After a Workplace Injury in Nebraska

Nebraska law requires you to report your injury to your employer "as soon as practicable." While there is no fixed number of days in the statute, delays in reporting can seriously harm your claim. Insurance companies routinely use delayed reporting as grounds to deny or dispute claims. Report your injury the same day it occurs if at all possible.

You have two years from the date of your injury to file a workers' compensation claim with the Nebraska Workers' Compensation Court. For occupational diseases or cumulative injuries, the deadline may run from the date you knew or should have known the condition was work-related. Missing this deadline can permanently bar your claim.

Yes, with a condition. Under Nebraska law, you have the right to select a treating physician, but that physician must maintain your prior medical records or those of an immediate family member. Your employer is required to provide you with a Form 50 (Choice of Doctor) at the time of injury. If you do not select a physician, your employer has the right to choose one for you.

No. You are not legally required to provide a recorded statement to the workers' compensation insurance adjuster. Insurance adjusters are trained to ask questions in ways that may minimize your claim or create inconsistencies that can be used against you later. We strongly recommend speaking with an attorney before providing any recorded statements.

Nebraska workers' compensation provides medical benefits covering all reasonable and necessary treatment, temporary disability benefits for lost wages (beginning after a 7-day waiting period), permanent disability benefits for lasting impairments, vocational rehabilitation if you cannot return to your previous job, and mileage reimbursement for travel to medical appointments. For a full breakdown, visit our Nebraska Workers' Compensation Benefits Explained page.

A denial is not the end of the road. You have the right to dispute the denial through the Nebraska Workers' Compensation Court. Many valid claims are initially denied — having an experienced attorney significantly improves your chances of overturning the denial and receiving the benefits you're owed.

No. Nebraska law prohibits employers from retaliating against employees for filing a workers' compensation claim. If you have been fired, demoted, or otherwise punished for filing a claim, contact an attorney immediately — you may have additional legal remedies available.

At Johnson Tabor & Johnson, we handle all workers' compensation cases on a contingency fee basis. You pay nothing upfront and no attorney fees unless we win your case. Your initial consultation is completely free.