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At Keating O’Gara, one of our areas of practice is in workers’ compensation claims. Navigating these situations to find the best resolution for both employees and employers can be challenging but it’s crucial to the success of any business. Whether you’re currently involved in a workers’ compensation claim or you just want to be prepared, it’s important to understand the basics.

workers' compensation

What injuries are covered under workers’ compensation benefits?

If an employee is injured while on the job, he or she can file a workers’ compensation lawsuit. The benefits from these cases offer employees and their families financial support while they recover from an injury. Settlements help cover medical expenses, lost wages and other losses.

There are specific guidelines that help determine whether or not your injury or illness qualifies for a workers’ compensation claim. An injury must be related to work for it to be covered by workers’ compensation. This can mean many different things depending on the industry in which you work. For construction workers, maybe it’s an illness caused by handling hazardous materials. At an office job, an employee might sustain an injury from the repetitive motions of typing, sitting or using a mouse. Whatever the injury is, if it’s connected to a work requirement or part of a work environment, employees are protected.

Understanding workers’ compensation in Nebraska

In most states, employers are required to have workers’ compensation insurance for their employees. If you’re an employee, it’s important to know if your employer has this insurance in case of workplace accidents. If you’re an employer or business owner, you need to know how to protect your employees and your business in case of an accident. In Lincoln, NE and the surrounding areas, there are a lot of specific rules and requirements when it comes to workers’ comp responsibilities. To better understand the details of this coverage, consult with an expert on workers’ comp at Keating O’Gara.

workers' compensation

Employer response to workers’ compensation

It’s crucial for employers to understand the basics of workers’ compensation to prevent accidents and protect their workers. Assess the risks involved with your operation and take preventive measures. Offer employee training on workplace safety and general wellbeing. If an injury situation does occur in your business, respond quickly. Your primary concern is caring for the victim. From there, take steps to record all information and develop a thorough report. Workers’ compensation claims that are reported after an incident can be more costly for employers.

Can employers be sued in workers’ comp cases?

Although it’s not common, there are times when an employee will sue their employer instead of requesting workers’ compensation benefits. Workers’ compensation benefits are offered to protect employees in the event of an accident and protect employers from being sued. However, if an employer causes intentional harm, he or she is responsible for the accident and can be sued by the injured party. Workers can file an intentional tort against their employers for physical and emotional distress in the event of an assault, invasion of privacy, fraud, defamation or other intentional harm.

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