Claims Kit

Penalties for Late Reporting  48-137  48-144.04

Any employer, insurer, or risk management pool who fails, neglects, or refuses to file any report required may be found guilty of a Class II misdemeanor. This charge may apply for each and every failure, neglect, or refusal to provide satisfactory report. The state will prosecute this charge under the stewardship of the Attorney General, who will act as the attorney for the state. 

Additionally, an employer or insurer who is made aware of a work-related injury, illness, or occupational disease and then fails to submit the necessary reporting materials will fail to initiate the running of the 2 year statute of limitations. The statute period will not run until the necessary report is filed as required.

New Nature of Injury Code for Adverse Reaction to Vaccination

A new Nature of Injury Code (DN0035) — 38 for “Adverse reaction to a vaccination or inoculation” was approved recently by the Workers’ Compensation Insurance Organizations (WCIO) and recommended by the International Association of Industrial Accident Boards and Commissions (IAIABC).

The Nebraska Workers’ Compensation Court (NWCC) will be ready to accept the new code effective March 8, 2021, in accordance with Neb. Rev. Stat § 48-144 and Workers’ Comp. Ct. R. of Proc. 29 and 30. Electronic Data Interchange (EDI) requirement tables updated with the new codes constitute the form and manner and include the content prescribed and approved by the NWCC court administrator.

NEWS RELEASE: People Representing Themselves in Legal Matters Can File Petitions and Motions by Email

Select this link to review the Nebraska Supreme Court administrative order and its attachments, which outline how to submit filings by email and the specific email addresses for each court.

New Cause and Nature of Injury Codes for COVID-19 Pandemic

TheNebraska Workers’ Compensation Court(NWCC) will be ready to accept the new codes ( A new Cause of Injury Code (DN0037) — 83 for “Pandemic” and a new Nature of Injury Code (DN0035) — 83 for “COVID-19) effective April 1, 2020, in accordance with Neb.Rev.Stat § 48-144 and Workers’ Comp. Ct. R. of Proc. 29 and 30. Electronic Data Interchange (EDI) requirement tables updated with the new codes constitute the form and manner and include the content prescribed and approved by the NWCC court administrator.

The WCIO has updated the Injury Description Tables that are used by the IAIABC to reflect specific coding in response to COVID-19.
A new Cause of Injury Code (DN0037) - 83 for “Pandemic” and a new Nature of Injury Code (DN0035) - 83 for “COVID-19” were approved. The codes are anticipated to be used for the reporting for any claim effective December 2019 or later. The IAIABC recommends that EDI reporting and collection systems be modified to recognize these new codes by April 1, 2020. The new Injury Description Tables may be found on the WCIO website, Injury Description Table page at: https://www.wcio.org/Document%20Library/InjuryDescriptionTablePage.aspx.

As approved by the Court Administrator, NWCC will be ready to accept these new codes as recommended by the IAIABC on 4-1-2020. The acceptance of these new codes is in accordance with Neb.Rev.Stat § 48-144 and Workers’ Comp. Ct. R. of Proc. 29 and 30. The requirement tables, including these new codes identified on the WCIO Injury Description Tables, constitute the form and manner and include the content prescribed by the administrator.

Posting Requirements  45-106  45-145  45-145.01

The only posting notice required by the Act is for employers of certain agricultural operations. An agricultural operation no longer subject to the 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."

Reporting of Claim by Employer  48-144.01  Rule 29

All claims requiring benefit payments--medical, indemnity, or vocational in nature--must be reported to the state. In every case of reportable injury, the employer or its insurer must file a First Report of Alleged Occupational Injury or Illness (NWCC Form 1). This must be filed with the Nebraska Workers' Compensation Court (NWCC) within 10 days after the employer or insurer has been given notice of or has knowledge of the injury. 

Except by court-ruled or ordered exception for specific instances, First and Subsequent Reports must be filed electronically. In limited circumstances and with approval of the administrator, the reports may be filed by means of a paper form. These forms are available only upon request to the administrator. Claim parties may contact the claims administrator and/or compensation court to determine if such an exception is allowable.

See Forms and Filing Instructions for further related commentary.

Physician Selection  Rule 50  48-120 (2)

Generally, an employer has the right to select an initial treating physician. The worker, however, has the right to move their care to a physician of their choosing. All physicians must be licensed to provide medical care. The nature of injury in question must also be consistent with the physician's scope of practice.

Specifically, the employee has the right to select a physician who has maintained the medical records of the employee (or an immediate family member) when the employer notifies the employee of this right. If the employee does not have or does not choose such a physician, then the employer may select the physician. The initial choice of physician, when chosen by the employee or employer after the employer notifies the employee of the right to choose, can only be changed when both the employee and the employer agree on the change. Alternatively, the Nebraska Workers’ Compensation Court may be asked to order the change. If the employer does not give proper notice to the employee regarding the right of selection, then the restrictions on changing physicians do not apply and the employee has the right to select any physician. The employee may also select a physician to perform a major surgical operation or amputation if applicable.

Physician is intended to mean any person licensed to practice medicine and surgery, osteopathic medicine, chiropractic care, podiatry, or dentistry in the state of Nebraska or the state in which they are practicing.