Nebraska workers' compensation insurance: Your ultimate resource

Understanding Nebraska workers' compensation insurance

Located in the heart of the Great Plains, Nebraska possesses a distinct heritage and allure all its own. With a rich agricultural legacy and picturesque rural scenery, the Cornhusker State has an enchanting fusion of tradition and natural splendor.

Nebraska's multifaceted economy opens doors so diverse businesses can thrive. Part of ensuring a successful business in Nebraska is obtaining reliable workers' compensation insurance coverage to protect your business and its employees in this unique heartland.


What is workers' compensation?

Workers' compensation is a state-mandated insurance program for employers with one or more employees. It’s designed to provide benefits such as medical care and lost wages for employees who suffer work-related injuries or illnesses.

Without workers’ compensation, the cost of a work-related injured or ill employee’s medical treatment could become the responsibility of your business.

Nebraska workers' compensation laws and rules

The Nebraska Department of Insurance administers workers’ comp law in the state. The law requires employers with one or more employees to be covered by an active workers’ compensation insurance policy.    

Businesses can obtain workers’ comp coverage through a partner like EverPeak Insurance. Alternatively, companies that meet the state’s requirements may also apply to be self-insured.

Employees can verify online if their employer has coverage.

Coverage and benefits

Who is covered?

Policies include protection for full and part-time workers.

Some exemptions from workers’ comp in Nebraska include:

  • Federal employers 
  • Independent contractors
  • Railroad companies
  • Private residences employing domestic workers
  • Some agricultural employers

Covered injuries and illnesses

Workers' compensation covers a range of work-related injuries and illnesses, including physical injuries resulting from an accident and occupational diseases developed over time due to job conditions. 

Benefits provided

Nebraska workers’ comp insurance provides three types of benefits for work injuries:

  • Medical benefits
  • Lost wages 
  • Death benefits

These benefits include:

  • Medical treatment for work-related accidents, injuries and/or illnesses 
  • Temporary disability benefits 
  • Permanent disability benefits
  • Death benefits

Nebraska workers’ compensation rates

As of 2023, Nebraska’s maximum weekly benefit rate for injured workers is $1,029.

Nebraska workers' compensation insurance process

Filing a workers' compensation claim

In the event of a work-related injury or illness: 

Step 1: Employee reports injury to employer 

Employees in Nebraska should report their injury to their employer as soon as possible. 

Step 2: Seek medical care

The employee should immediately seek medical attention. 

Step 3: Employee files claim

Once notified of the injury, employers should file a First Report of Injury (FROI) report with their workers' compensation insurance carrier within ten days of being notified about the injury.

Step 4: Receive benefits

If an employer’s insurance provider accepts the claim, the worker may begin receiving benefits to cover medical expenses and lost wages. 

Step 5: Return to work/permanent disability benefits

Following their recovery, a worker is expected to resume work safely. If a work injury has left an injured employee unable to do any type of work, the employee might be entitled to permanent disability benefits.

Choosing a healthcare provider 

In Nebraska, your employer can choose the doctor to treat the employee:

  • doesn't have a family doctor (explained above);
  • doesn’t tell your employer the name of your family doctor or
  • refuses to permit your employer to verify treatment.

For employees to choose care from a doctor who has previously seen them or a family member, they can complete the Choice of Doctor form (Form 50).

Compensation for missed work

Employees who are out of work for more than seven days are eligible for lost time benefits beginning on the eighth day. 

Resolving disputes

An employee can file a petition with the Nebraska Workers’ Compensation Court to resolve a workers' compensation claim dispute.

How to get workers' compensation

Insurance requirements for employers

Employers in Nebraska with one or more employees must carry workers' compensation insurance or qualify for self-insurance. Compliance with this requirement is essential to protect both the employer and employees.

Choosing the right insurance provider

When selecting a workers' compensation insurance provider, consider factors such as the provider's experience in the industry, financial stability, coverage options, claims process, customer service, and cost. 

We recommend requesting multiple quotes and comparing the offerings before making a decision.

Covering your business and employees with a trusted insurance partner — like EverPeak — brings peace of mind so you can focus on your bottom line.

Insurance regulations, laws, and available coverages can change. The information provided on this website is for general informational purposes only. Please consult the
Nebraska
Departments of Insurance and/or Labor for the most up-to-date and detailed information.

Information updated as of January 1, 2024
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Frequently asked questions

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What are the penalties for non-compliance with workers' compensation laws in Nebraska?

Employers who fail to maintain workers' compensation insurance will be charged a civil fine not to exceed $1,000 for each violation.

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Can an employee sue their employer for a work-related injury or illness?

In most cases, policies bar employees in Nebraska from suing their employers for work-related injuries or illnesses. The workers' compensation system provides an exclusive remedy, meaning that employees typically cannot file a lawsuit against their employers. Instead, they must pursue a workers' compensation claim to receive benefits for their injuries or illnesses.

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Are independent contractors covered by workers' compensation insurance?

Generally, a business’s workers’ compensation policy does not cover independent contractors in Nebraska. Workers' compensation laws typically apply to employees rather than independent contractors.

However, it's important to note that the classification of a worker as an independent contractor or an employee can be complex, and misclassification can lead to legal disputes. If unsure whether an independent contractor should be treated as an employee, seek legal guidance.

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How long do I have to report a work-related injury or illness?

Ideally, the incident should be reported immediately or within a few days of the occurrence. Prompt reporting helps ensure the necessary steps are taken to initiate the workers' compensation claims process.

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How do I verify an employer’s coverage?

Employees can verify online if their employer has coverage.

Expert assistance and resources