Nebraska is a great place in which to live and raise a family, but it is not without its share of natural disaster injury risks. Blizzards and tornados are just two examples of how nature can wreak havoc on our state. Anyone can suffer injuries during a natural disaster, but what happens if a calamity occurs while you are working and you suffer injuries? Will workers’ compensation insurance cover your injuries in the face of an act of nature?
The shortest answer to all of these questions is, “It depends.” Broadly speaking, workers’ compensation will deny these claims because the injury occurred during a force of nature. However, it may be worth the effort to continue pushing for your workers’ comp benefits in certain cases. The program might cover some disaster-related injuries but you will not receive these benefits if you do not push for them. As always, an attorney experienced with denied workers’ compensation claims can guide you through this process.
The trick to finding success in these cases involves showing that the employment rather than the natural disaster was the “proximate cause of injury.” For example, say a tornado warning goes out and your boss sends you outside to secure company equipment. The tornado strikes while you are performing this dangerous job task, leaving you badly injured. Because your employer increased your risk of harm by sending you outside during the natural event, it is possible to win your claim.
To sum up, you should probably expect a denial if your Omaha work injury occurred during a natural disaster. However, it is wise to take your case to a legal advocate to find out if an appeal will help you acquire the benefits you need and deserve.