How many years do I have to pursue a workers' comp claim?

One of the most valuable things that a Nebraska worker has is the workers' compensation insurance that protects him or her in the event of a work-related injury.

Although you might not consider this to be a valuable commodity, you certainly will see it as one if you get catastrophically hurt on the job. This asset will not only pay for your medical care, rehabilitation and vocational training if your injuries prevent you from returning to the same job, it will also provide you with wage replacement benefits or disability benefits in the event that you're too injured to work temporarily or permanently.

Considering that workers don't directly pay for their workers' compensation insurance out of their paychecks, these benefits are miracle indeed. Nevertheless, many injured workers don't know that they can receive benefits following an employment-related injury. This lack of information could cause their statutes of limitations to run after an injury – which means that they miss the window of opportunity in which to apply for benefits.

In the state of Nebraska, the time period in which an employee needs to file a workers' compensation claim is two years. If two years have passed before the worker files a claim, he or she could be forever barred from receiving benefits. The two-year timeframe begins to run on the date that the worker was hurt, or on the date that the worker realized his or her illness or injury was the result of work activities.

In addition to the two-year time limit on filing a claim, it's also important that workers notify their employers in writing about their work-caused injuries. Under Sec. 48-133, workers need to tell their employers about their injuries "as soon as practicable."

Do you have questions about whether you can pursue a workers' compensation claim? Our law office is available to discuss the details of your case with you.

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