If your workers' compensation claim has been denied in Nebraska, you are not out of options — and you are not alone. Insurance companies deny valid claims every day. They count on injured workers giving up. Don't.

A denial is often just the beginning of the fight, not the end. The Nebraska Workers' Compensation Court exists specifically to resolve disputes between injured workers and insurance companies. With the right attorney and the right evidence, many denied claims are successfully overturned — and injured workers receive the full benefits they were owed all along.

At Johnson Tabor & Johnson, we fight denied workers' compensation claims across Nebraska. Our senior partner spent over 40 years as defense counsel for major insurance carriers. He knows exactly how insurers decide which claims to deny, what evidence they rely on, and what arguments they prepare behind closed doors. That insider knowledge is now your most powerful weapon.

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A denial is not the final answer. Many workers' compensation claims that are initially denied are later approved through the formal litigation process. The sooner you contact an attorney, the sooner we can begin building the case to overturn the denial and get you the benefits you deserve.

Why Workers' Comp Claims Get Denied in Nebraska

Understanding why your claim was denied is the first step toward overturning it. Insurance companies use a range of tactics and justifications to deny or limit benefits. Here are the most common reasons — and how we fight back against each one:

Disputed Causation

The insurer argues your injury was not caused by your work — that it resulted from an activity outside the job, a preexisting condition, or the natural aging process.

How we fight it: We gather medical evidence, physician opinions, and workplace documentation to establish a clear causal connection between your job duties and your injury.
Preexisting Conditions

The insurer claims your injury is really a preexisting condition and not something their policyholder should have to pay for.

How we fight it: Under Nebraska law, if a work injury aggravated, accelerated, or combined with a preexisting condition, you are still entitled to benefits. We build the medical case to prove your work made the condition worse.
Biased Independent Medical Examination (IME)

The insurance company sends you to their own doctor, who predictably concludes your injury isn't work-related or isn't as severe as your treating physician says.

How we fight it: We challenge biased IME findings with counter-evidence from your treating physicians, depose the IME doctor, and expose bias in their methodology and conclusions.
Delayed or Disputed Reporting

The insurer argues you didn't report your injury soon enough, or that you never properly notified your employer.

How we fight it: Nebraska law requires reporting "as soon as practicable" — not within a fixed number of days. We establish the circumstances that explain any delay and prove reporting did occur.
Injury Outside Scope of Employment

The insurer claims the injury didn't happen while you were performing your job duties — for example, it occurred during a break, while horseplay was involved, or off-premises.

How we fight it: We analyze the specific facts against Nebraska's "arising out of and in the course of employment" standard to demonstrate your injury is compensable.
Missed Filing Deadlines

The insurer claims you did not file your workers' compensation claim within the required two-year statute of limitations.

How we fight it: In some cases — particularly cumulative injuries and occupational diseases — the statute of limitations runs from the date you knew or should have known the condition was work-related, not the date of last exposure. We analyze the timeline and argue for the correct start date.

 We Know Their Playbook. Our senior partner spent over 40 years defending the same insurance carriers that are now denying your claim. We know how denial decisions are made, what arguments adjusters rely on, and what evidence they find most difficult to overcome. That insider perspective gives our clients a decisive advantage.

The Nebraska Workers' Comp Appeals Process

When your claim has been denied or your benefits have been cut off, there is a formal legal process to challenge that decision. Here is how it works in Nebraska:

1

Informal Negotiation

Before formal litigation, your attorney may work directly with the insurance company to resolve the dispute. In some cases, presenting additional medical evidence or legal arguments can convince the insurer to reverse the denial without going to court.

2

Filing a Petition with the Workers' Compensation Court

If informal efforts fail, your attorney files a formal petition with the Nebraska Workers' Compensation Court. This petition initiates the litigation process and asserts that you were denied benefits to which you are entitled under Nebraska law. The petition must be filed within two years of the date of injury.

The petition is served on the employer/insurer, who must respond with an answer.

3

Discovery & Evidence Gathering

Both sides exchange evidence, medical records, depositions, and expert opinions. This is where the strength of your case is built. Your attorney will gather medical testimony, employment records, and other evidence to prove your claim.

4

Mediation (If Applicable)

Many cases are sent to mediation — a structured negotiation session with a neutral mediator. Many disputed claims settle at this stage. If mediation doesn't resolve the dispute, the case proceeds to trial.

5

Trial Before a Workers' Compensation Court Judge

The Nebraska Workers' Compensation Court is a specialized court with seven judges appointed by the Governor. Your case is heard by a single trial judge — there is no jury. Both sides present evidence and witness testimony, and the judge issues a written decision called an award.

The judge's decision determines which benefits you are entitled to receive.

6

Appeal to the Nebraska Court of Appeals

If the Workers' Compensation Court judge's decision is unfavorable, you have 30 days to file a notice of appeal. The appeal goes directly to the Nebraska Court of Appeals, which reviews the trial court's findings. The appellate court can reverse, modify, or uphold the decision.

The 30-day deadline is strict and cannot be extended.

7

Further Review by the Nebraska Supreme Court

In limited cases, a further appeal to the Nebraska Supreme Court may be available — either by petition for further review or by direct appeal.

Critical Deadline: You have only 30 days from the Workers' Compensation Court judge's decision to file an appeal with the Nebraska Court of Appeals. If you miss this window, you lose your right to appeal — permanently. Contact an attorney immediately after receiving an unfavorable decision.

How Johnson Tabor & Johnson Fights Denied Claims

When you bring a denied claim to our firm, we don't just file paperwork and hope for the best. We build a comprehensive legal case designed to overturn the denial and secure the maximum benefits available under Nebraska law. Here is what that looks like:

Analyze the Denial

We review the denial letter, your medical records, the insurance company's file, and the specific legal basis for the denial to identify the strongest grounds for challenge.

Build the Medical Case

We work with your treating physicians and, when necessary, independent medical experts to establish a clear causal link between your work and your injury.

Challenge Biased IMEs

We depose the insurance company's IME doctor, expose bias in their methodology, and present counter-evidence from physicians who actually know your medical history.

Litigate Aggressively

We handle every step of the formal litigation process — from filing the petition to presenting evidence at trial to arguing your case before the judge.

Negotiate Settlements

Many denied claims are resolved through negotiated settlements before or during trial. We fight for a settlement that reflects the full value of your claim.

Handle Appeals

If the trial judge's decision is unfavorable, we handle the appeal to the Nebraska Court of Appeals and, if necessary, the Nebraska Supreme Court.

Fighting Denied Claims Across Nebraska

Johnson Tabor & Johnson represents workers with denied claims 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. No matter where you work or where the denial came from, we're ready to fight for you.

Frequently Asked Questions: Denied Claims & Appeals in Nebraska

Common reasons for denial include disputed causation (the insurer argues the injury isn't work-related), preexisting conditions, delayed reporting, missed deadlines, a biased Independent Medical Examination (IME) report, or the insurer claiming the injury occurred outside the scope of employment. Many of these denials can be successfully challenged with the right evidence and legal representation.

To dispute a denied claim, your attorney files a petition with the Nebraska Workers' Compensation Court. This initiates formal litigation. The case may go through mediation, and if unresolved, proceeds to a trial before a Workers' Compensation Court judge. If the judge's decision is unfavorable, you have 30 days to file an appeal with the Nebraska Court of Appeals, and potentially the Nebraska Supreme Court.

You have 30 days from the date of the Workers' Compensation Court judge's final decision to file a notice of appeal with the Nebraska Court of Appeals. This is a strict deadline — missing it means losing your right to appeal. For the initial claim, you have two years from the date of injury to file a petition with the Workers' Compensation Court.

Yes. A denial is not the final word. Many denied claims are successfully overturned through the formal litigation process before the Nebraska Workers' Compensation Court. Having an experienced attorney who understands how to challenge denials, counter biased IME reports, and present strong medical evidence dramatically improves your chances of receiving the benefits you're owed.

An Independent Medical Examination (IME) is a medical examination requested by the insurance company, conducted by a doctor chosen and paid for by the insurer. The IME doctor may conclude that your injury isn't work-related or isn't as severe as your treating physician says — which the insurance company then uses to deny or reduce your benefits. An experienced attorney knows how to challenge biased IME reports and present counter-evidence.

You are not legally required to have an attorney, but the appeals process is complex and adversarial. The insurance company will have experienced legal counsel, and the formal litigation process — including evidence rules, witness testimony, and legal standards — is extremely difficult to navigate without legal training. At Johnson Tabor & Johnson, there is no fee unless we win your case.

At trial, both you and the insurance company present evidence and witness testimony before a Workers' Compensation Court judge. There is no jury. The judge evaluates the facts, applies Nebraska workers' compensation law, and issues a written decision — called an award — that determines which benefits you are entitled to receive. Your attorney handles every step of this process.

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.