Claims Kit

Posting Requirements 39-71-401  (6)

Each employer must post a sign in the workplace at the locations where notices to employees are normally posted, informing employees about the employer's current provision of workers' compensation insurance. A workplace is any location where an employee performs any work-related act in the course of employment, regardless of whether the location is temporary or permanent, and includes the place of business or property of a third person while the employer has access to or control over the place of business or property. The sign must be provided by the department, distributed through insurers or directly by the department, and posted by employers in accordance with rules adopted by the department. An employer who purposely or knowingly fails to post a sign as provided in this subsection is subject to a $50 fine for each citation.

Reporting of Claim by Employer 39-71-307, Rule 24.29.801

An employer must submit to the workers' compensation insurer or, if self-insured, to the department, the First Report of  Injury or Occupational Disease DLI-ERD_WCC040/ERD-991 within 6 days after notice of an accident, injury or occupational disease.

Posting Requirements

The only posting notice required by the Nebraska Workers' Compensation Act is for employers of certain agricultural operations. An agricultural operation no longer subject to the Nebraska Workers' Compensation Act (or an agricultural operation that has previously voluntarily chosen to provide workers' compensation insurance coverage for its employees) may elect to return to exempt status by posting a written or printed notice. Such notice is not provided by the Nebraska Workers' Compensation Court. The notice must state that the employer will no longer carry workers' compensation insurance for the employees and the date coverage will end. This notice must be posted continuously in a conspicuous place at all employment locations of the employees for at least 90 days. After the 90 day posting period has passed, the employer may then cancel the workers' compensation policy. Failure to provide this notice voids an employer's attempt to return to exempt status.

In addition to the notice requirements for terminating coverage, every employer who is exempt under the Act and does not voluntarily elect to provide workers' compensation insurance coverage must give all employees the following written notice at the time of hiring:

In this employment you will not be covered by the Nebraska Workers' Compensation Act and you will not be compensated under the act if you are injured on the job or suffer an occupational disease. You should plan accordingly. Failure to provide this notice subjects an employer to liability and inclusion in the Act for all unrelated employees.

Physician Selection 39-71-1101 

The employee may choose the treating physician for initial treatment. However, any time after acceptance of liability by an insurer, the insurer may designate a different treating physician, or approve the employees choice of the treating physician. The treating physician is responsible for the management and coordination of the medical care and must treat the employee within the recommendations of the Montana Utilization and Treatment Guidelines. 

Penalties for Late Reporting 39-71-307 (3)

An employer or insurer who refuses or neglects to submit the reports necessary for the proper filing and review of a claim, will be assessed a penalty between $200 and $500 dollars for each offense.